Chapter II: Of the Union, Translation, Division, Dismemberment, Conversion, and Suppression of Benefices

The union of benefices is:

1° Extinctive, when either from two or more suppressed benefices a new and single benefice is effected, or one or several are so united to another that they cease to be.

2° Equally principal, when the united benefices remain as they are, and neither is subjected to the other.

3° Less principal, or by subjection or accession, when the benefices remain, but one or several are subjected to another as accessory to the principal.

§ 1. In extinctive union, to the benefice which emerges or remains belong all the rights and burdens of the extinguished ones, and, if they cannot be composed among themselves, the better and more favorable ones.

§ 2. In equally principal union, any benefice preserves its nature, rights, and burdens, but by force of the union completed, the titles of the united benefices must be conferred on one and the same cleric.

§ 3. In less principal union, the accessory benefice follows the principal, so that the cleric who obtains the principal thereby also obtains the accessory and must fulfill the burdens of both.

Translation of a benefice is had when the seat of the benefice is led from one place to another; division, when from one two or more benefices are made; dismemberment, when part of the territory or goods of some benefice is taken away from the same and assigned to another benefice or pious cause or ecclesiastical institute; conversion, when a benefice is changed into another species; suppression, when it is entirely extinguished.

Extinctive union of benefices, their suppression, or dismemberment which is made by subtracting beneficial goods without a new benefice being erected; equally or less principal union of a religious benefice with a secular one and conversely; likewise any translation, division, and dismemberment of a religious benefice are reserved to the Apostolic See alone.

§ 1. Local Ordinaries, but not the Vicar Capitular, nor the Vicar General without a special mandate, can, on account of the necessity of the Church or great and evident utility, equally or less principally unite any parochial churches among themselves or with a non-curate benefice, yet in such a way that, in the second case, if the union is made less principal, the non-curate benefice is accessory.

§ 2. They cannot, however, unite a parish with a capitular or episcopal mensa, with monasteries, churches of religious, or another moral person, nor with dignities and benefices of a cathedral or collegiate church; but they can unite it with a cathedral or collegiate church which is situated in the territory of the parish, in such a way that the revenues of the parish yield to the advantage of that church, a congruent portion being left to the pastor or vicar.

§ 3. Union of benefices by local Ordinaries cannot be made except in perpetuity.

Ordinaries can never unite any benefices, whether curate or non-curate, to the detriment of those who actually obtain the same, against their will; nor a benefice of the right of patronage with a benefice of free collation without the consent of the patrons; nor benefices of one diocese with benefices of another diocese, even if both dioceses, equally principally united, are governed by one Bishop; nor exempt benefices or benefices reserved to the Apostolic See with any others.

§ 1. If by the Apostolic See a parish is united to a religious house as regards temporal things only, the religious house becomes participant only in the fruits of the parish, and the religious Superior must present to the local Ordinary a priest from the secular clergy to be instituted in the same, with a congruent portion assigned.

§ 2. But if by full right, the parish becomes religious, and the Superior can nominate a priest from his religion for exercising the care of souls; but it belongs to the local Ordinary to approve and institute him, and he himself must be subject to the Ordinary's jurisdiction, correction, and visitation in those things which pertain to the care of souls, according to the norm of can. 631.

For the canonical causes of which in can. 1423, Sec. 1, Ordinaries can also transfer the seat of a secular parochial benefice from one place to another place of the same parish; but other benefices, only when the church in which they had been founded has collapsed and cannot be restored, they can transfer to mother churches or other churches of the same or neighboring places, with altars or chapels erected, if this can be done, under the same invocations, together with all the emoluments and burdens attached to the prior church.

§ 1. Ordinaries can also, from a just and canonical cause, divide any parishes, even against the will of their rectors and without the consent of the people, by erecting a perpetual vicarage or a new parish, or dismember their territory.

§ 2. The canonical cause so that division or dismemberment of a parish can be made is only this: if either there is great difficulty of access to the parochial church, or there is an excessive multitude of parishioners, whose spiritual good cannot be provided for according to the norm of can. 476, Sec. 1.

§ 3. In dividing a parish, the Ordinary must assign to the perpetual vicarage or newly erected parish a congruent portion, with the prescription of can. 1500 observed; and this, unless it can be had from elsewhere, must be taken from revenues in any way pertaining to the mother church, provided sufficient revenues remain to the same mother church.

§ 4. If a perpetual vicarage or new parish is endowed from the revenues of the church from which it is divided, it must render honor to the mother church in the manner and limits to be pre-established by the Ordinary; he is forbidden, however, to reserve the baptismal font to the mother church itself.

§ 5. When a parish which by right belongs to some religion has been divided, the perpetual vicarage or newly erected parish is not religious; likewise, when a parish of the right of patronage has been divided, the new parish is of free collation.

§ 1. Local Ordinaries are not to make unions, translations, divisions, or dismemberments of benefices except by an authentic writing, after the cathedral Chapter and those, if there are any, whose interest it is, especially the rectors of churches, have been heard.

§ 2. A union, translation, division, or dismemberment made without a canonical cause is invalid.

§ 3. Against the decree of an Ordinary uniting, transferring, dividing, or dismembering benefices, recourse to the Holy See is given only in devolutive effect.

§ 1. Local Ordinaries cannot impose on any benefices perpetual or temporary pensions which last for the life of the pensioner, but they can, when they confer a benefice, from a just cause to be expressed in the very act of collation, impose on the same temporary pensions which last for the life of the beneficiary, with a congruent portion preserved to him.

§ 2. On parochial benefices, however, they cannot impose pensions except for the advantage of the pastor or vicar of the same parish departing from office; and these pensions are not to exceed a third part of the revenue of the parish, any expenses and uncertain revenues having been deducted.

§ 3. Pensions imposed on benefices, whether by the Roman Pontiff or by other collators, cease at the death of the pensioner, who nevertheless cannot alienate them unless this has been expressly granted.

§ 1. Curate benefices cannot be converted by Ordinaries into non-curate ones, nor religious benefices into secular ones, nor secular benefices into religious ones.

§ 2. On the contrary, simple benefices can be converted by local Ordinaries into curate ones, provided that conditions expressed by the founder do not obstruct.