2337. Invalidity and Penalties of Simoniacal Contracts.—(a) Every simoniacal contract is invalid and of no force either in the external or in the internal forum, because it sells what is unsaleable under divine or ecclesiastical law. If the contract has to do with benefices, offices or dignities (e.g., “You vote as I wish and I will give you such and such favors,” “You obtain for me such a dignity and I will pay you well”), the appointment to them is rendered null and void, even though the simoniacal act be done by a third party without the knowledge of the beneficiary, unless it be done by that third party to injure the beneficiary or against his protest (Canon 729). Invalidity is also produced in case of simoniacal resignations (Canon 185), commissions (Canon 1441), presentations (Canon 1465, Sec. 2), and prescription does not operate for one who holds a benefice obtained through simony (Canon 1446).
(b) Certain simoniacal contracts subject the guilty parties to special punishments. Thus, the penalty for simony in appointments, elections or promotions to office and dignities is excommunication _latae sententiae_ reserved simply to the Holy See, and deprivation forever of all right of nominating, voting, presenting, and suspension (Canon 2392); the penalty for simony in elevation to Orders or in use of other sacraments is suspicion of heresy and suspension reserved to the Holy See (Canon 2371).
2338. When the Canonical Penalties for Simony Do Not Apply.—(a) Purely mental simony is not subject to ecclesiastical penalties, since the Church does not pronounce on internal acts. But this does not take away the serious guilt in the sight of God. (b) External simony is subject to ecclesiastical penalties, but canonists dispute about the meaning of certain Canons, for example, whether only real simony falls under the punishments _latae sententiae_, whether the penalties of Canons 729 and 2392 apply only to simony of divine law, or to simony of ecclesiastical law as well.
2339. Influence of Simony on Spiritual Effects.—(a) On Effects of the Power of Orders.—Sacraments administered simoniacally are valid, for the law nullifies only the contract made about the Sacrament, not the Sacrament itself. It seems also that in the case of sacramentals (such as simple blessings imposed on articles) the blessing is not lost by sale of the article, provided the price is asked only for the object and not for the blessing. A blessed or consecrated object loses its blessing or consecration when it is put up for public sale (Canon 1305).
(b) On Effects of the Power of Jurisdiction.—Acts of jurisdiction are valid in spite of simony, unless there is special provision to the contrary. Indulgences are lost _ipso facto_, if anything temporal is taken for the indulgenced object (Canon 924). Religious profession, it seems, is valid, even though simoniacal.
2340. Restitution of the Temporal Price Received for a Spiritual Thing.—(a) If the simoniacal contract is semi-real (that is, if the spiritual consideration has not been received), the price must be restored; for we have then the case of an immoral and unexecuted contract (see 1878 d). (b) If the simoniacal contract is real (that is, if the spiritual consideration has been received), the price should be given back; for the case then is one of commutative justice, a temporal price being taken for a thing (e.g., a blessing) that has no temporal price, or for a service that one was bound to give gratis (e.g., parochial sermon by the pastor). But if a service was not obligatory, it is held by some that there is no certain duty of restitution, if the spiritual thing cannot be restored (e.g., when one received a stipend for a Mass of bination or demanded an excessive fee for a sacred function).
2341. Restitution of the Temporal Price Received for Temporal Things Annexed to Spirituals.—Restitution is obligatory as follows: (a) when commutative justice is violated, as when one charges for a blessed candle or rosary in excess of its market value or just price, or when by fear or force one compels another to exchange a chalice for a ciborium; (b) when law or judicial sentence imposes restitution as a penalty for an offense, as when for money one has resigned one’s benefice in favor of another person.
2342. Circumstances of Restitution for Simony.—(a) The Time for Restitution.—If simony is against natural law, restitution is due before sentence; if against ecclesiastical law only, restitution is due only after sentence.
(b) The Person to Whom Restitution Is to Be Made.—Satisfaction should be given to the owner, or injured party (e.g., to the person who was charged for a blessing), or, if this is impossible, to the poor or pious causes. The revenues derived from a benefice simoniacally obtained should be restored to the church to which the benefice belongs, unless this is advantageous to the guilty parties, or probably to charity, or religion, or the successor in the benefice.
(c) Excuses from Restitution.—Impossibility, condonation or the permission of the Church, express or presumed, excuses from the duty of restitution.