Simoniacus and simoniace. Simony not criminally punishable at common law. rectly, by myself or by any other to my knowledge, or with my consent, to any person or persons whatsoever, for or concerning the procuring or obtaining of this ecclesiastical place, rectory, vicarage, or otherwise; nor will at any time hereafter perform or satisfy any such kind of payment, contract, or promise made by any other without my knowledge or consent.” (1) The person possessed of a living by simony, through the intervention of another, to which he is not privy, is said to be simoniace promotus, and the person who makes a bargain or promise, simoniacus; both of which were prohibited by the ecclesiastical canons and provincial constitutions. As simony, however, was not an offence criminally punishable at common law (2), as ecclesiastical censures were found quite insufficient to restrain the sale and purchase of spiritual preferments; and, on the one hand, a door was thus opened for the admission of ignorant and unqualified persons into the church, many learned and well-educated men being thereby excluded from a profession, which it is of the highest importance to entrust to those most distinguished (1) 1 Pal. M. Pl. 210. V. Bishop of St. Davids for literary attainments, theological knowledge, and exemplary character; while, on the other, the clergy were liable to oppression and slavery; several acts of parliament were passed for the prevention of a practice which had become notorious. being presented for reward. The first act of parliament for the prevention 31 El. c. 6. of simony is the 31 of Elizabeth, c. 6., whereby for presents. 5. Penalty it is enacted, "That if any person or persons, ing to a benefice, or for bodies politic and corporate, shall or do, for any sum of money, reward, gift, profit, or benefit, directly or indirectly, or for or by reason of any promise, agreement, grant, bond, covenant, or other assurances of or for any sum of money, reward, gift, profit, or benefit whatsoever, directly or indirectly, present or collate any person to any benefice with cure of souls, dignity, prebend, or living ecclesiastical, or give or bestow the same, for or in respect of any such corrupt cause or consideration; that then for every such presentation, collation, gift, and bestowing, and every admission, institution, investure, and induction thereupon, shall be utterly void, frustrate, and of none effect in law. And that it shall and may be lawful to and for the queen's majesty, her heirs and successors, to present, collate unto, or give or bestow every such benefice, dignity, prebend, and living ecclesiastical, for that one time or turn only; and that all and every person or persons, bodies politic and cor porate, that shall give or take any such sum of money, reward, gift, or benefit, directly or indirectly, or that shall take or make any such promise, grant, bond, covenant, or other assurance, shall forfeit and lose the double value of one year's profit of every such benefice, dignity, prebend, and living ecclesiastical; and the person so corruptly taking, procuring, seeking, or accepting any such benefice, dignity, prebend, or living, shall thereupon and from thenceforth be adjudged a disabled person in law, to have or enjoy the same benefice, dignity, prebend, or living ecclesiastical. 6. "And be it further enacted, That if any person shall at any time, for any sum of money, reward, gift, profit, or commodity whatsoever, directly or indirectly (other than for usual and lawful fees), or for or by reason of any promise, agreement, grant, covenant, bond, or other assurance, of or for any sum of money, reward, gift, profit, or benefit whatsoever, directly or indirectly, admit, institute, instal, induct, invest, or place any person in or to any benefice with cure of souls, dignity, prebend, or other living ecclesiastical; then every such person so offending shall forfeit and lose double value of one year's profit of every such benefice, dignity, prebend, and living ecclesiastical; and that thereupon, immediately from and after the investing, installation, or induction thereof had, the same benefice, dignity, prebend, and livings ecclesiastical, shall be eftsoons merely void: And that the patron or person to whom the advowson, gift, presentation, or collation shall by law appertain, shall and may, by virtue of this act, present or collate unto, give and dispose of the same benefice, dignity, prebend, or living ecclesiastical, in such sorts, to all intents and purposes as if the party so admitted, instituted, installed, invested, inducted, or placed, had been or were naturally dead. upon any voidance No title to confer by lapse until after six months' no $ 7. "Provided always, that no title to confer or present by lapse shall accrue upon any mentioned in this act, but after six months next after notice given of such voidance, by the or- tice. dinary to the patron. Penalty for corruptly resigning or exchanging with cure of a benefice § 8. "And be it further enacted, by the authority aforesaid, that if any incumbent of any benefice with cure of souls, do or shall corruptly resign or exchange the same, or corruptly take for or in respect of the resigning or exchanging of the souls. same, directly or indirectly, any pension, sum of money, or benefit whatsoever, that then as well the giver as the taker of any such pension, sum of money, or other benefit corruptly, shall lose double the value of the sum so given, taken, or had; the one moiety as well thereof as of the forfeiture of double value of one year's profit before mentioned, to be to the queen's majesty, Ecclesiastical penalties not taken away by this statute. Penalty for giving or taking rewards to make minis ters to give licence to preach. her heirs and successors, and the other moiety to him or them that will sue for the same, by action of debt, bill, or information, in any of her majesty's courts of record, in which no essoin, protection, or wager of law or privilege shall be admitted or allowed. § 9. Provided always, that this act or any thing herein contained, shall not in any wise extend to take away or restrain any punishment, pain, or penalty limited, prescribed, or instituted by the laws ecclesiastical, for any the offences before in this act mentioned, but that the same shall remain in force, and may be put in due execution, as it might be before the making of this act; this act, or any thing therein contained to the contrary thereof in any wise notwithstanding. § 10. "Provided further, and be it enacted by the authority aforesaid, that if any person or persons whatsoever, shall or do receive, or take any money, fee, reward, or any other profit, directly or indirectly, or shall take any promise, agreement, covenant, bond or other assurance, to receive or have any money, fee, reward, or any other profit, directly or indirectly, either to him or themselves, or to any other of their or any of their friends, (all ordinary and lawful fees only excepted) for or to procure the ordaining or making of any minister or ministers, or giving of any orders or licence or licences to preach, |