_Quest._ XXI. If I contract, or bargain, or promise to another, between us two, without any legal form or witness, doth it bind me to the performance?
_Answ._ Yes, _in foro conscientiæ_, supposing the thing lawful; but if the thing be unlawful _in foro Dei_, and such as the law of the land only would lay hold of you about, or force you to, if it had been witnessed, then the law of the land may well be avoided, by the want of legal forms and witnesses.
_Quest._ XXII. May I buy an office for money in a court of justice?
_Answ._ Some offices you may buy (where the law alloweth it, and it tendeth not to injustice); but other offices you may not: the difference the lawyers may tell you better than I, and it would be tedious to pursue instances.
_Quest._ XXIII. May one buy a place of magistracy or judicature for money?
_Answ._ Not when your own honour or commodity is your end: because the common good is the end of government; and to a faithful governor, it is a place of great labour and suffering, and requireth much self-denial and patience. Therefore they that purchase it as a place of honour, gain, or pleasure, either know not what they undertake, or have carnal ends; else they would rather purchase their liberty and avoid it. But if a king, or a judge, or other magistrate, see that a bad man (more unfit to govern) is like to be put in, if he be put by, it is lawful for him to purchase the people's deliverance at a very dear rate (even by a lawful war, which is more than money, when the sovereign's power is in such danger): but the heart must be watched, that it pretend not the common good, and intend your own commodity and honour; and the probable consequents must be weighed; and the laws of the land must be consulted also; for if they absolutely prohibit the buying of a place of judicature, they must be obeyed.[156] And ill effects may make it sinful.
_Quest._ XXIV. May one sell a church benefice, or rectory, or orders?
_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 really given to the church, and you have 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.
_Quest._ XXV. May a man give money for orders or benefices, when they cannot otherwise be had?
_Answ._ This is answered in quest. xxii. 1. If the law absolutely forbid it, for the common safety, you may not. 2. If your end be chiefly your own commodity, ease, or honour, you may not. But in case you were clear from all such evils, and the case were only this, whether you might not give money to get in yourself, to keep out a heretic, a wolf, or insufficient man, who might destroy the people's souls, I see not but it might well be done.
_Quest._ XXVI. May I give money to officers, servants, or assistants for their furtherance?
_Answ._ For writings or other servile acts about the circumstantials you may; but not (directly or indirectly) to promote the simoniacal contract. What you may not give to the principal agent, you may not give his instruments or others for the same end.
_Quest._ XXVII. May I give or do any thing afterward by way of gratitude, to the patron, bishop, or any others, their relations or retainers?
_Answ._ Not when the expectation of that gratitude was a (secret or open) condition of the presentation or orders; and you believe that you should not else have received them: therefore promised gratitude is but a kind of contracting. Nor may you show gratitude by any scandalous way, which seemeth simony. Otherwise, no doubt but you may be prudently grateful for that or any other kindness.
_Quest._ XXVIII. May not a bishop or pastor take money for sermons, sacraments, or other offices?
_Answ._ Not for the things themselves; he must not sell God's word and sacraments, or any other holy thing. But they that serve at the altar may live on the altar, and the elders that rule well are worthy of double honour; and the mouth of the ox that treadeth out the corn should not be muzzled. They may receive due maintenance while they perform God's service, that they may be vacant to attend their proper work.
_Quest._ XXIX. May one person disoblige another of a promise made to him?