III. On Beneficiaries in General

What are a benefice and a pension? - An ecclesiastical benefice, considered in itself, is a portion of goods dedicated to God, joined to an ecclesiastical office legitimately erected and perpetually subsisting. But with respect to the beneficiary it is commonly defined: A perpetual right belonging to a cleric, legitimately instituted, of receiving fruits from ecclesiastical goods, on account of a spiritual office constituted by the authority of the Church herself. The goods are something temporal; the office, spiritual; the right, temporal annexed to the spiritual. Salaries which the State, the immovable goods having been usurped, has substituted for their revenues, put on the nature of the thing substituted and are judged by its law. S. Penitentiary, January 19, 1819. A portion of goods dedicated to God, joined to an ecclesiastical office; hence, when all the revenues of the Canons of some Chapter are in Distributions among those present, a true benefice is still had. Legitimately erected. The Bishop erects benefices in his own diocese, and also suppresses and divides them, with those things being observed which must be observed by law. If evident necessity of the Church presses, the Bishop can proceed to dividing a parish, even when the pastor is unwilling. Benedict XIII, C. In supremo. Perpetual. In a benefice perpetuity is altogether necessary, so that, when the beneficed person has died or been removed, it is not extinguished, but is vacant until it is conferred on another, and the beneficed person receives it perpetually and not at the will of the giver. Moreover the intervention of ecclesiastical authority is necessary, annexing temporal goods to a spiritual office and erecting them into the title of a benefice. Hence a foundation of Masses even established perpetually and committed to a priest is not a benefice when the authority of the Church does not intervene to erect it into a benefice.

The right of receiving a certain part of the fruits from another's benefice is called an ecclesiastical pension. When the revenues of benefices have been diminished or lost from public seizures, the diminution or loss of revenues of benefices affects beneficiaries and pensioners in common, proportionately, yet so that to Bishops and pastors the Tridentine congrua must be preserved complete and untouched, Decree Cum nuperrimi, January 20, 1871; S. C. of Bishops and Regulars, June 21, 1871, that is, 1000 scudi for Bishops and 100 for pastors.

A scudo is worth 5.37 lire. But the proportion is to be established, with 1000 or 100 deducted, upon the remaining revenue, S. C. of Bishops and Regulars, May 30, 1873. According to the style of the curia, the Roman Pontiff alone can impose a pension, namely a perpetual one. Law certainly requires that benefices be conferred without diminution. Council of Trent s. 21, c. 6 de R., s. 23, c. 18 de R.; L. l. 3, n. 74; l. 4, n. 83, 138; Lugo, Resp. Mor. l. 5, d. 2.

186 bis. The fruits of the intermediate time of a vacant benefice belong to the successor, for whom they must be faithfully reserved, or to the church, for whose utility they are to be expended, from C. Cum vos 4 de Off. iud. ord.

The unreceived fruits of a benefice, when the beneficed person has died, belong to the successor, unless they are owed to the Apostolic Camera, to which the S. C. de Propaganda Fide afterward succeeded, Pius VII, C. Catholicae fidei, June 19, 1817. When a beneficed person resigns the benefice or renounces it, or is transferred to another benefice, some hold that the fruits not yet received pertain to him; others judge that they pertain to the benefice itself, since the beneficed person, as a quasi-usufructuary, does not have right to the fruits of the usufructuary thing except during his possession of it. Reiffenstuel l. 1, title 7, n. 55.

Of how many kinds are benefice and pension? - Some benefices are major, others minor. Major benefices, in which there is external and internal jurisdiction, are those to which the highest grade in the Church adheres, such as Patriarchate, Archbishopric, Bishopric, Cardinalate, and in the opinion of some also an Abbey. These, however, are usually indicated not by the common word benefices, but by their proper word; and sometimes they are also called consistorial benefices, because the Roman Pontiff is ordinarily accustomed to make their collation in the Consistory of Cardinals. Those benefices which are not contained in the number of the aforesaid are called minor, and some are double, others simple. They are called double which, besides the common recitation of the canonical hours, which inheres in all benefices, and the ministry of the altar, have something else annexed, namely either preeminence and jurisdiction in the internal forum, and they are called curates; or only preeminence, and they are personates; or some function, and they are called offices; or preeminence and jurisdiction in the external forum, and they are dignities. Moreover, of dignities, some are major, and they are those already listed, namely Bishopric, Archbishopric, Primacy, Patriarchate, Cardinalate, and above all the Pontificate; others are minor, such as Archdeaconry, etc. Under the name of dignities generally taken in Apostolic Rescripts, minor Dignities come. Simple benefices are instituted only for pouring forth prayers to God and for the service of the altar, such as an ecclesiastical chaplaincy, etc. L. 84, 116; Bouix de Par. p. 172 ff.

Dignities: they are benefices having preeminence and jurisdiction, which jurisdiction today generally is not had; and therefore they would be true personates. Nevertheless the title of dignity remains by reason of a certain special honorific prerogative. And thus they always precede simple canons. They have various names; and even the first dignity has various names, and so now the dean, now the Archdeacon, etc., is the first dignity.

Commend: Formerly churches were commended for a time to someone, who was called commendatory, for their custody, administration, and their necessity and utility. Now it is a true benefice, which by this extraordinary title is conferred perpetually by the Supreme Pontiff on someone who could not conveniently obtain a benefice in the ordinary way, also for the advantage of the commendatory himself, who therefore makes the fruits his own and consequently also has the obligations of a beneficed person.

Chaplaincy: It is a certain perpetual foundation of Masses, which is lay when ecclesiastical authority does not intervene in it. But if the aforesaid foundation is made with the intervention and authority of the Ordinary, it is ecclesiastical and is a true simple benefice. The chaplain, moreover, is held to observe the obligations imposed in the documents of foundation, as regards time, as regards place, and as regards other things.

One pension is lay, another clerical. A lay pension is given either to a layman or to a cleric, on account of a temporal ministry or temporal cause; and it is something wholly temporal. A clerical pension is given to a cleric as a cleric, and it is called mixed if it is given to a poor cleric, an old man, etc., so that he may be supported, or on account of another temporal cause; but it is simply clerical if it is given, for example, to a preacher, coadjutor of a pastor, etc., on account of a spiritual ministry.

It is lost, as a benefice is, by death, religious profession, promotion to the Cardinalate, to the Episcopate, marriage, etc. Cf. the most recent prescriptions of Leo XIII, May 24, 1899. L. 137; l. 3, n. 73 ff.; Schmalzgrueber l. 3, t. 5, 12; Ferraris v. Beneficium, Pensio; E. M.

It is not lawful without permission of the Holy See, which is given through the S. C. C., to yield a pension to another for a time or for life and to make an agreement with him concerning it. S. C. of Bishops and Regulars, March 12, 1840.

How are ecclesiastical benefices acquired; who confers them? - Ecclesiastical benefices are commonly acquired in three ways: 1. By election, by which a cleric is elected by the whole chapter or congregation and is confirmed by the ecclesiastical superior or prelate. Unless the elected person consents within a month and seeks confirmation within three months from knowledge of the election, the election is invalid. C. 6 de Elect. in 6. 2. By presentation, by which someone is presented by the patron to the superior, by whom he is necessarily accepted and instituted if he is found suitable. Nomination can be referred here, namely by which someone, although not a patron, nevertheless by indult offers someone to the superior for some benefice, so that it may be conferred on him by the Superior. 3. By collation, when gratuitously a benefice is given by the sole right of the prelate. Hence another division of benefices arises, into elective, patronate, and collative.

In the election of the Supreme Pontiff, those things alone and all those things must be observed which have been established concerning it in the Constitution of Pius X Vacante Sede, December 25, 1904. "Verbal institution or canonical collation of a benefice, after it has been accepted, grants right in the thing, or perfect right with respect to the benefice, even before the handing over of possession and the apprehension of this." Reiffenstuel l. 3, t. 7, n. 77. Wherefore he acquires full administration of the benefice and can have and exercise its care. Reiffenstuel ib. n. 56.

Benefices can also be acquired by prescription, by three-year possession and colored title, which in the case is collation made by him in whom resides the ordinary power of conferring benefices, whether the collation was invalid from itself, because less canonical; or on the part of the collator, because collation did not pertain to him; or on the part of the beneficed person, because he was incapable, provided he is a cleric, except however those who entered simoniacally and intruders.

Option is a certain right by which the older canons, for example, after leaving a prebend, are able within a certain time to choose and obtain another vacant one, which is not reserved. 188.

Benefices are conferred by the Supreme Pontiff in the whole world, and by Bishops in their own dioceses. Bishops by their ordinary right; the Supreme Pontiff also by his own right, but extraordinary, namely by the right of reservation, or devolution, or prevention. When the see is vacant, the Chapter cannot confer benefices which pertain to the Bishop.

Moreover, benefices are reserved to the Supreme Pontiff whose collation in Law has been established for the same Supreme Pontiff. And thus there are reserved to the Supreme Pontiff: the major dignity of each cathedral and collegiate church; the benefices of officials of the Roman curia; those which are vacant in the Curia or at the See, or in the titles of Cardinals of the Holy Roman Church while they are absent; those which become vacant when the episcopal see is vacant, or otherwise than by resignation in the pontifical months, January and February, April and May, July and August, October and November; those concerning which Bishops have disposed against the decrees of the Council of Trent, or apart from the form prescribed by the same Council; those resigned with the form of publication neglected; those conferred on sons of heretics; a benefice dismissed into the hand of the Ordinary, if someone has obtained from the Roman Pontiff another residential benefice incompatible with it; those which are vacant on account of heresy, on account of confidential simony, on account of laying aside clerical habit, on account of a simulated examination for others, or pensions offered so that they may obtain benefices, etc. Benefices are vacant at the See by the natural death of the beneficed person at the Holy See, or within two stages near the Curia, that is, within two stages or forty Italian miles from it, if namely the beneficed person came to the Curia for the sake of treating some business, C. Licet 2, C. Praesenti 34 de Praeb. in 6. Benefices are vacant in the Curia when they are vacant by any act which is completed in the Curia, for example promotion of the beneficed person, resignation of the benefice, etc. Benefices not conferred in due time by inferior collators devolve to the same Supreme Pontiff, to supply for their negligence; for benefices are to be conferred within six months, and within a month if they have been resigned into the hands of the Ordinary. Finally the right of prevention is exercised in benefices if in them the Supreme Pontiff, knowingly and willingly, has placed his hand by some act, intending to confer it, for example if he gave the beneficed person a coadjutor with future succession. And these benefices are also called affected. Decretals, title de Elect.; Trent s. 14, c. 13 de R., s. 25, c. 7 de R.; Gregory XIII, C. Humano vix iudicio, January 7, 1584; S. Pius V, C. In conferendis; Riganti Reg. 1, n. 39; Reg. 9, n. 30, 35; Reg. 19, n. 209, 212; Wernz, Ius Decret. t. 2, title 16; Scavini ed. 12, Milan 1874, v. 3, n. 626, 627; L. 85, 86; l. 3, n. 101 ff.; E. M.

The reservations of benefices are contained in the Corpus of Canon Law, in the Extravagants, in the Bulls of subsequent Pontiffs, all of which perpetually have force, and in the Rules of the Apostolic Chancery, which nevertheless cease when the Pontiff has died, though not in all things; and when a new Pontiff has been elected, they again begin to oblige, unless they have been legitimately derogated. Proem. and Reg. 1; Riganti, Proem. n. 66.

But by the death of the Pope only those benefices cease to be reserved which are contained in the ninth Rule, namely those vacant in the Pontifical months. Riganti, Proem. n. 67, 68. For indeed reserved benefices are of different kinds: some by reason of the quality of benefices, as is the reservation of bishoprics and first Dignities; others by reason of persons, as the benefices of Cardinals, Curials, and Officials of the Apostolic See; others by reason of the mode by which they are vacant, as benefices vacant by reason of Apostolic collation of another incompatible one; others by reason of place, as benefices vacant at the See or in the Roman Curia; others by reason of time, as are benefices vacant in the Pontifical months. As regards benefices vacant by reason of months, Bishops who truly and personally reside can, if they petition, obtain the alternation of months, so that in one month, January, the Supreme Pontiff disposes concerning the benefice; in the other month, February, the Bishop disposes; and so in the following months.

Reservations by reason of quality, person, and mode are perpetual. The same must be said concerning reservation by reason of place; but parish churches are to be excepted, which, becoming vacant at the Curia after the death of the Pontiff, or becoming vacant while he is living but not conferred, are immune from reservation. Their collation is free to Ordinaries, lest their long vacancy be able to bring danger to souls, C. Si Apostolica 35. 6 de Praeb. in 6. Likewise also the other benefices vacant by death at the Curia, if they are not conferred within a month by the Supreme Pontiff, can be conferred by Ordinaries. C. Statutum 3 de Praeb. in 6. Scavini, Milan 1874, ed. 12, v. 1, n. 343 ff.

Reservation by reason of months ceases, because it is by reason of time, in which the Rules of the Chancery do not oblige, namely when the See is Vacant. Reservation by reason of the benefices themselves, or of the beneficed persons, or of the mode by which they were conferred, or of the place in which they became vacant, does not cease; for benefices are already reserved antecedently to the death of the Pontiff and consequently remain reserved. Reservation is not then first introduced by the death of the Pontiff, and the Rules of the Chancery, as not in force, cannot introduce it; but neither can they remove it once introduced before, which is quite different.

By a special Indult, faculty is given to Cardinals of conferring certain benefices reserved to the Holy See.

Benefices of lay right of patronage are not subjected to reservation of the Holy See, Riganti on Reg. 1, n. 327, when the right of patronage belongs from foundation, endowment, construction, and not from mere privilege, unless the benefices become vacant at the See, or unless the Supreme Pontiff has placed his hand upon them, or they are affected. Riganti l. c. n. 335 ff. But they are subjected to reservation when the right of patronage is ecclesiastical, namely conceded to a church, Riganti l. c. n. 144, 154; Scavini, Milan 1874, ed. 12, v. 1, n. 347, par. 1.

The right of patronage is called lay when it arises from a benefice founded, restored, or endowed by someone or by his ancestors, although it is in the possession of a priest who enjoys it by the right of his ancestors. It is ecclesiastical when it belongs to someone by reason of a benefice which he himself possesses, for example a bishopric, or from the fact that he founded, restored, or endowed a benefice from ecclesiastical goods.

A lay patron is granted four months from the day on which he knew the benefice to be vacant, so that he may present a suitable cleric. If he presents an unworthy one, he is to be warned that he present another. And if a second time he presents an unworthy one, he falls from his right, which devolves to the bishop. But if he presents a worthy one, a more worthy one having been passed over, he is to be instituted.

An ecclesiastical patron is granted six months. If he presents an unworthy one, he falls from his right, and the Bishop for that turn freely confers the benefice upon any other, according to the judgment of his conscience.

If there is question of parochial benefices, institution must be made within two months from the day of presentation. S. Pius V, C. In conferendis, April 15, 1567.

The Bishop freely confers the benefice when the time assigned to patrons has elapsed without any presentation made by them, provided however that they knew the benefice to be vacant.

188 bis. Note: 15. "Apostolic Protonotaries Supernumerary remain subject to their own Ordinary, according to the form of the Council of Trent s. 24, c. 11, and their benefices, vacant outside the Roman Curia, are by no means reserved to the Apostolic See."

44. "The benefices of those who enjoy the title and honor of Protonotaries ad instar, as Canons of some Chapter, if they become vacant outside the Roman Curia, are by no means reserved to the Apostolic See. But the benefices of those who enjoy such title and honor as a private person cannot be conferred except by the Apostolic See." Pius X, Motu Proprio Inter multiplices, February 21, 1905.

What is the right of patronage; how is it acquired; what are the obligations and rights of the patron? - The right of patronage is the faculty or right, first of all, of presenting a cleric so that a benefice may be conferred on him. Namely presentation gives right to the thing. The one presented, however, must be suitable and not unworthy. Therefore it is necessary that he be examined by the Ordinary. He who has this faculty of exhibiting a cleric to the Bishop is called patron.

It has certainly been received by the most ancient discipline of the Church that those who would either erect, endow, or restore temples or benefices would be permitted to choose clerics acceptable to themselves for those same benefices and to present them to Bishops. By the law itself, moreover, the right of patronage passes to heirs. The right of patronage can likewise be acquired from the concession of the Supreme Pontiff alone.

The patron is held to keep the church, chapel, or altar of the patronage in good repair and to provide their protection. But he also has the right of honor, seat, incense, prayers, burial, and support from the surplus revenues of the church or benefice, if he tends toward want. Trent s. 7, c. 13 de R.; s. 14, c. 12, 13 de R.; s. 24, c. 3 de R.; s. 25, c. 9 de R.; L. 87; l. 3, n. 71; Wernz, Ius Decret. t. 2, title 19.

What benefices are to be conferred by concours? What form is to be observed in concours? - Trent s. 24, c. 18 de R., weighing how much it conduces to the salvation of souls that parishes be governed by worthy men, expressly commanded that they cannot be conferred except on the more worthy among those who, by an experiment to be instituted before the Bishop himself, or, if he is impeded, by his vicar general and examiners, not fewer than three, have been approved; declaring provisions made otherwise null and invalid by the law itself. Indeed S. Pius V, C. In conferendis, March 18, 1567, besides the aforesaid nullity of collation, established that this concession is devolved to the Apostolic See, or to those to whom the right of conferring the parish belongs. To parishes add, in Italy and adjacent Islands, the theological and penitentiary prebend, which likewise are benefices to be conferred by concours, and to doctors or those to be distinguished with the doctorate within a year, from Benedict XIII, C. Pastoralis officii. Concours has place in curate benefices of ecclesiastical right of patronage, but by no means in curate benefices of the lay right of patrons. In this case, if several have been presented, all are to be examined, and from all those approved one suitable one is to be instituted. Fagnan, C. 24 de Iure patronatus, n. 31. The form of concours is had in Trent s. 24, c. 18 de R.; C. of S. Pius V In Conferendis; C. of Benedict XIV Cum illud, December 14, 1742.

For the concours to be valid, it must be made before synodal examiners, or, if these are lacking, pro-synodal examiners legitimately elected. Trent s. 24, c. 18 de R.; Benedict XIV de Syn. l. 4, c. 7, n. 3. The signatures of the acts are substantial, so that the acts may be authentic and make faith. Nearly all the remaining formalities are accidental. A. S. S. v. 7, p. 353 ff.; Benedict XIV de Syn. l. 4, c. 7, 8; l. 13, c. 24, n. 7; Reclusius de Concursibus; Bouix de Par. p. 352 ff.; E. M.

190 bis. Note: In several places an Indult has been conceded so that parishes may be conferred at will without concours, as, for example, to the Bishops of Latin America. Unless such an Indult is had, or a Concordat or other exemption of this kind, concours is to be announced by the Bishop for curate benefices, and, in Italy, for the Theological and Penitentiary Canonry, ten or twenty days before. The examiners in it are synodal or pro-synodal examiners; the former elected by the Bishop in synod, the latter outside Synod with the consent of the Chapter, and at present there is no need of an indult of the Holy See. The Examiners pronounce judgment concerning knowledge and morals. But the election of the more worthy one, relative to the benefice, pertains to the Bishop. If the benefice is reserved to the Holy See, the Bishop transmits the Acts of the Concours to the Apostolic Dataria, which chooses the more worthy one, unless the reservation is by reason of papal months, because then the Bishop himself chooses the more worthy and presents him to the Apostolic Dataria. Competitors who think themselves aggrieved can have recourse to the Metropolitan or to the nearer Bishop or to the Holy See.

Provision of minor offices in the Roman Curia is made by concours, whose laws are had in the Order to be observed in the same Curia, which is had after the Constitution Sapienti consilio. In a concours for provision of minor administrators in the Roman Curia, the examiners are held to announce first those suitable, and then which among them are to be preferred to others. The outcome of the scrutiny will be reported to the Supreme Pontiff, so that, with him approving, one can come to the nomination of the candidate.

Those who believe themselves less worthy, but not unworthy, can nevertheless compete.

Even when a parish is to be conferred without concours, for example because it is of lay right of patronage, the bishop is held to examine the one presented from the Council of Trent s. 24, c. 18 de R. Indeed he can even examine again pastors once examined, if grave suspicion of lack of skill is had against them. The Capitular Vicar can also do this. And the successor Bishop can also do this for the sole quiet of his conscience. S. C. C., August 28, 1628; January 16, 1667; February 5, 1688.

To whom are benefices to be conferred? - Benefices are not to be conferred except on suitable and worthy persons, who namely show beforehand the conditions or qualities required by the sacred canons. Namely, the one to be chosen for a benefice must be:

1. Of honorable morals; hence the wicked, criminal, infamous, irregular, censured, simoniac, murderer, one who has procured abortion, a heretic and his favorer, receiver, etc., is deservedly rejected, as is established from various texts of law. R. I. 87 in 6; Trent s. 7, c. 3 de R.

2. That he be strong in knowledge, which indeed from Trent s. 7, c. 1 de R., s. 22, c. 2 de R., s. 24, c. 12 de R., is diverse according to the diverse quality of benefices.

3. That he be celibate; for from Canon Law a married man cannot be admitted; and a collation made to one who is joined in marriage exists as invalid. And, if a cleric constituted in minor orders has a benefice and contracts marriage, he is to be deprived of the benefice, C.

Si qui 1, C. Sane 2, C. Quod a te 3, C. Diversis 5 de Cler. coniug., or even by the law itself he loses it, Schmalzgrueber l. 3, title 3, n. 5.

4. That he be born of legitimate parents, and not the son of a heretic; otherwise the election is null. Trent s. 7, c. 1 de R., s. 22, c. 2 de R., s. 24, c. 1 de R., s. 25, c. 15 de R.; Benedict XIV de Syn. l. 13, c. 24, n. 11 ff.; Pichler l. 1, t. 17, n. 4 ff.

5. That he have the prescribed age; and it is common that if age is lacking even as regards one hour, the collation of the benefice is null. Trent s. 22, c. 4; s. 23, c. 6 de R.; s. 24, c. 8, 12 de R.; L. l. 6, n. 799. Cf. n. 909.

6. That the one to be chosen be marked at least with first tonsure; otherwise it is not conferred on a cleric. C. 7 de Praescript.; C. 2 de Instit. But if the benefice requires a certain sacred order, it is necessary that within a year from possession that order be received. But if there is grave necessity or utility of the church, the Bishop can dispense with the beneficed person so that he may devote himself to studies. Schmalzgrueber l. 3, t. 4, n. 62, from Trent s. 5, c. 1 de R., s. 6, c. 2 de R. Except, unless it requires such an order actually; then the order is required at the very time at which the benefice is acquired. Here nevertheless it must be noted that even concerning a layman election and nomination sometimes is accustomed to be made, namely under hope of future clerical state.

7. That he have a true intention of persevering in the ecclesiastical state and of receiving the sacred order which is required for the benefice, unless a just cause occurs which persuades otherwise; otherwise he would deceive the Church in a grave matter, whose intention is that he receive the order at the established time. Hence he would sin gravely who without that intention received a benefice requiring sacred order; and indeed this intention must be true and determinate. Trent s. 22, c. 4 de R.; L. l. 6, n. 785. And, if the benefice is a parish church, and someone received it not intending to be promoted to the priesthood, he must restore the fruits which he thus fraudulently received, unless afterward with changed will he was promoted. C. Commissa 35 de Elect. in 6. If no sacred order is annexed to the benefice, he more truly sins lightly, because from no law is it established that this is lethal.

8. Finally, that the one to be instituted to a benefice not already be provided with another benefice; for it is certain by canon law that plurality of benefices in one cleric is absolutely prohibited. Nevertheless, with the dispensation of the Supreme Pontiff acceding, if some honorable cause is present, several benefices can be obtained. Indeed, even without dispensation, in some cases several benefices can be obtained. For incompatibility of benefices is had as regards residential benefices, which impose continuous residence; as regards uniform ones under the same roof, which namely have the same offices, at the same time, and in the same Church annexed; as regards sufficient ones, that is, those which suffice for the honorable and fitting sustenance of the beneficed person. But a second simple benefice can be obtained if the first does not suffice for honorable sustenance. Yet, even if the first two benefices do not suffice for this honorable sustenance, a third benefice cannot be obtained without special dispensation of the Apostolic See. Trent s. 7, c. 2, 4 de R.; s. 24, c. 17 de R.; C. 28 de Praeb., etc.; Trent s. 22, c. 2 de R.; L. 112-118; S. Th. Quodl. 8, a. 13; Quodl. 9, a. 15; Sanchez de Matr. l. 7, d. 45; Schmalzgrueber l. 3, t. 5 de Praeb.; Benedict XIV de Syn. l. 13, c. 8, n. 8, 9; E. M.

Religious cannot obtain secular benefices, nor consequently can they be elected as canons, nor even as pastors of a secular parish, without dispensation of the Holy See. Those perpetually secularized, by the simple Rescript of secularization, can neither licitly nor validly receive and obtain ecclesiastical benefices.

How are benefices lost? - Benefices can be lost in four ways: 1. By the death of the beneficed person, because they are conceded only to persons and cannot pass to heirs by hereditary right. 2. By a sentence of the judge, either merely declaratory of the crime, if there is question of certain enormous crimes by which the benefice is lost by the fact itself, with the aforesaid sentence acceding, or condemnatory, on account of crimes not so enormous. Where there is question of perpetual benefices, or strictly such, no one can be despoiled of a benefice except on account of a crime expressed in law and with the order of law observed. The principal crimes expressed in law are: heresy, simony, assassination, homicide, abortion, concubinage, sodomy, residence not observed, alienation of the things of the benefice. Cf. Trent s. 21, c. 6 de R., s. 25, c. 6, 14 de R.; S. Pius V, C. Horrendum, August 30, 1568; Sixtus V, C. Effraenatam, October 29, 1588; Extravagant Ambitiosae; C. 1 de Homic. in 6. But by economic removal, "if the bishop has considered the cause necessary, he will licitly be able to transfer persons from one place to another." C. Quaesitum de Rer. permut. Reiffenstuel title cited, n. 38; Schmalzgrueber same title. But if benefices are not perpetual, nor strictly such, but benefices are manual, as they are called, then benefices can be taken away at the will or judgment, for example of the Bishop, and the beneficed person is removable, but from a just cause. 3. By translation or promotion; or by free renunciation, which is the voluntary dismissal of one's own benefice made into the hand of the legitimate superior accepting it; or by resignation, which is renunciation made in favor of another, into the hand of the legitimate superior accepting it; or by permutation, which is mutual resignation of the benefice, in favor of another, into the hand of the legitimate superior accepting it. Novices are prohibited from renouncing before the two months nearest to profession. Trent s. 25, c. 16 de Reg. In the renunciation of benefices, publication of them must be made from the Constitution of Gregory XIII Humano vix iudicio, January 13, 1583, in the mode and form prescribed in the same Constitution. The aforesaid Constitution was confirmed by Benedict XIV, C. Ecclesiastica, June 15, 1746.

4. By the mere disposition of law, after marriage or religious profession; by acceptance and peaceful possession of another incompatible benefice; if someone provided with a benefice previously resigned by another has delayed possession beyond three months from the day of collation; if someone having obtained a parochial benefice has not ascended to the priesthood within a year; if someone has laid aside the clerical habit; if someone has given his name to military service; but in these two last cases there is need of a declaratory sentence. Sanchez de Matr. l. 7, d. 42, n. 4; C. Beneficium 4 de Regular. in 6; Trent s. 7, c. 4 de R.; S. Pius V, C. Cum sacrosanctum, VI Id. Jan. 1588; cf. n. 191. L. 133-136; l. 3, n. 80 ff.; Riganti on Reg. 45, n. 1; Lugo, Resp. Mor. l. 5, d. 4; A. S. S. v. 1, p. 513 ff.; v. 18, p. 181 ff.; v. 29, p. 226; v. 38, p. 27 ff.; Monit. Eccles. v. 17, p. 146; E. M.

192 bis. Note: Solemn profession induces vacancy of benefices, but by no means simple vows before it. Nevertheless in Institutes of simple vows, perpetual vows induce vacancy of residential benefices.

Economic or disciplinary removal of pastors can be made, with the Decree Maxima cura of the S. C. Consistorial, August 20, 1910, observed, which is in force also in England, in North America, and in Australia. Its legitimate causes are: insanity, lack of skill, deafness and blindness, hatred of the people, loss of reputation, notorious crime, bad temporal administration, neglect of duties, disobedience to the precepts of the Ordinary. First an invitation is to be made to the pastor that he renounce, and in the decree of removal the Bishop must proceed with the consent of two examiners. And, if there is place for revision of the decree, the consent of two pastor-consultors is needed. Removal of this kind, moreover, provides right to a pension.

Resignation. Renunciation and resignation of benefices are often used indiscriminately. Nevertheless the distinction properly is: for resignation is the cession of a benefice in favor of another before the Pontiff; but renunciation is the pure and simple dismissal of it in the hands of the legitimate superior. Resignation of benefices, or renunciation of them, in order to be valid, must be done freely in the hands of the Bishop or Supreme Pontiff accepting it, and if the benefice is of right of patronage or elective, also with the consent of the Patron or electors. But it must be published by the newly provided person in the form prescribed by Gregory XIII, C. Humano vix iudicio, January 5, 1584. This form, however, by no means must be observed in the renunciation of a benefice by force of the Decree Maxima cura.

What are the obligations of beneficed and pensioned persons? - The obligations of beneficed persons are of different kinds: some are special, which will be set forth in their proper places, where there is discussion of Bishops, canons, and pastors; others are common to all. Common to all beneficiaries are: 1. The obligation of reciting the canonical hours. 2. The obligation of restoring fruits if they omit the recitation of the office and other obligations to be fulfilled. 3. They are held under grave obligation to expend on pious uses or alms all revenues from merely ecclesiastical goods which are left over from their honorable sustenance. Trent s. 25, c. 1 de R.; S. Th. 2. 2. q. 185, a. 7; Quodl. 6, a. 12. 4. They must wear tonsure and ecclesiastical habit, and also preserve celibacy. Benedict XIV, C. Apostolicae Ecclesiae; de Syn. l. 12, c. 3. Those not wearing the habit do not make the fruits their own. Benedict XIII, C. Catholicae Ecclesiae, May 2, 1725. 5. They cannot alienate the goods, whether immovable or movable, such as sacred furnishings of the church, give them in pledge, make them subject to servitudes, or change the form of estates, not even for the better, unless it is much and evidently better. C. 1 de Pignor.; Benedict XIV, Notification 69, n. 5. 6. They must keep the things of their benefice in good repair and protect its rights, from the surplus revenues of the benefice themselves, if there are any; otherwise according to the judgment of the Ordinary. C. Quicumque 1, C. De his 4 de Eccles. aedific.; Trent s. 21, c. 7 de R.; L. 7 C. de Usufr. 7. If the benefice is residential, they must dwell in the place of the benefice and fulfill by themselves the burdens annexed to the benefice. C. 2, 3, 4, 9, 16 de Cler. non resid.; Trent s. 24, c. 12 de R. 8. Those provided with benefices having care of souls, or with dignities or canonries in Cathedrals, must elicit the profession of faith within two months from the day of possession obtained; otherwise they do not make the fruits their own afterward, and until they have emitted the profession. Trent l. c. Nevertheless they can emit the profession of faith after institution or collation has been received and before they are put into possession. S. C. C., May 11, 1782, in one of Tarazona, ad 1; April 23, 1902. But now from S. C. Consistorial, March 1, 1911, the profession of faith must be emitted before possession of the benefice. A. A. S. v. 3, p. 134. Likewise all beneficed persons are held to emit the oath according to the formula prescribed by Pius X in the Motu Proprio Sacrorum antistitum. 9. If a sacred order is annexed to the benefice, they must receive this in the next year from entering possession, as has already been said. 10. Finally they must fulfill the obligations established in the documents of foundations. E. M.

From the Constitution of Benedict XIII Pius et misericors, April 26, 1725, in Italy and the adjacent islands, they are also held to pay to the fabric of the cathedral church the half-annate. But at present it is almost everywhere no longer paid.

The obligations of pensioned persons are: 1. To recite the office of the Blessed Virgin Mary, unless from another head he is held to the hours, from S. Pius V, C. Ex proximo; otherwise he does not make the fruits his own, in proportion to the time and office. But this Bull was not received everywhere. Cf. Suarez de Relig. t. 2, l. 4, c. 30, n. 22; L. l. 3, n. 74. 2. If the pension or pensions taken together exceed annually 60 ducats of the camera, that is, 322 lire, he is held to go about in habit and tonsure, Sixtus V, C. Cum sacrosanctum and C. Pastoralis; otherwise he loses the pension by the law itself, ib. § 2, namely if he seems to have returned to the lay state, Schmalzgrueber l. 3, t. 12, n. 28. 3. He must be celibate; marriage having been entered, the pension is lost. And it is also lost through solemn religious profession, and through promotion to a residential episcopate, after possession has been obtained. Cf. n. 187. Probably he can altogether freely dispose of the pension. But, since it is a personal right, he himself cannot transfer the pension to another cleric. L. 139; l. 3, n. 491.

What must be noted especially concerning the application of Masses? - He who by reason of a benefice is held to celebrate is also held to apply the Mass for the founder, unless the contrary intention of this person is established. S. C. C., March 21, 1868; A. S. S. v. 3, p. 525; L. l. 6, n. 332. If the beneficed person is indeed held to celebrate, but the application of the Mass has been left free to him, he can certainly receive a stipend for it. But otherwise it must be said if in the foundation of the benefice the contrary has been guarded against, or nothing has been expressed. S. C. C., July 13, 1630; L. 324; Ferraris v. Missa, art. 3, n. 17. Unless it is expressed that he celebrate by himself, he will be able to celebrate and apply through another. S. C. C., September 17, 1783; February 24, 1872; A. S. S. v. 7, p. 181, 182; L. 330. "He who cannot satisfy the foundation because of illness is not held, if it is brief, for example of fifteen days, or even of one or another month, as Lugo d. 21, n. 49 probably teaches, to substitute another or to compensate, since not even honorable masters deal so strictly with servants," L. 333, provided however that the founder did not will otherwise. C. Significatum 11 de Praebend. But otherwise, if the illness is long-lasting, unless perhaps he is both poor and was promoted to orders by that benefice, for he will be able to be vacant as long as he labors under it. S. C. C., February 5, 1650; April 24, 1655; Elbel de Euchar. 214; L. 333. From S. C. C., June 4, 1689; November 17, 1695, if the infirmity exceeds fifteen days, he is held to supply through another.

He who is held daily to celebrate by himself and to apply for the founder can four or six times in a year celebrate for himself, for one joined to him, for a friend or benefactor, provided no other stipend is received; and likewise he will be able once in a month, for the sake of devotion and reverence, to be vacant, and this from the presumed will of the testator. Wherefore this is illicit if the contrary will is established. C. Significatum 11 de Praebend.; S. C. C., April 18, 1683; Benedict XIV, Instruction 56, n. 5, 6; Elbel de Euchar. 215; L. 332; A. S. S. v. 7, p. 179. Masses are to be celebrated at the designated time and place, and ordinarily this is grave. Nevertheless to celebrate before or after, within a modest time, namely within a month, or in another place once or twice in a month, or more often from a just cause, is free from grave fault, unless either another mind of the founder seems to be present, or unjust damage of another forbids it. But the Ordinary has the right to change the time and place, from a just cause, by interpreting the will of the founder. Elbel de Euchar. 216; L. 329; Lugo, Resp. Mor. l. 5, d. 9, d. 26.

Is there an obligation of choosing the more worthy for benefices? - It is certain that those who promote less worthy men to bishoprics and cardinalates are in no way excused from mortal sin. This is had from Trent s. 24, c. 1 de R., confirmed from proposition 47 condemned by Innocent XI. "From this it is clear that Pontiffs and kings who do not promote the more worthy to the aforesaid dignities do indeed sin gravely. The reason is that, since the aforesaid benefices or dignities have been instituted for the common good of the Church, those greatly detract from it who omit choosing the more suitable for the governance of Churches." L. 91. The same must be said of the Minister of cults who proposes to the Prince, and of Bishops who are consulted by Governments, unless they suggest those whom they judge more worthy and more useful to the Church. It is likewise certain that Bishops are equally held to choose the more worthy for curate benefices. The reason is the same; Trent s. 24, c. 18; S. Pius V, C. In conferendis, March 18, 1567. But the greater worthiness of those to be chosen is not to be taken absolutely, but respectively to the utility of the Church. Wherefore the more worthy is understood not as he who is more learned, but he who is more apt and useful than the others for fulfilling the functions annexed to the benefice. L. 92; S. Th. 2. 2. q. 185, a. 3; Quodl. 4, a. 15; Quodl. 6, a. 9; Quodl. 8, a. 6.

Do Bishops sin mortally by choosing less worthy men for simple benefices, with the more worthy omitted? - There is a twofold opinion. "The first probable opinion denies it, because only a modest damage is brought upon the community.... The second opinion, however, more common and more probable, teaches that under grave obligation the more worthy are to be chosen even for simple benefices.... The reason is that the utility itself of the Church, on account of which benefices were instituted, of itself demands that the more worthy be promoted; otherwise clerics would apply themselves little to rendering themselves more worthy, and thus the utility of the Church would be greatly deficient.... Nevertheless doctors limit this and say that it is not a mortal sin: 1. If the more worthy is passed over not everywhere, but once or twice.... 2. If the excess of worthiness is small.... 3. If the benefices are of small moment.... 4. If by law of foundation someone must be chosen from some family, college, or town.... 5. If it is foreseen that the more worthy will soon leave the benefice." L. 93-96. Add: 6. If no certain hope appears that the more worthy is going to be elected, it is expedient to vote for the less worthy, if this other would certainly be elected. For by dissenting, one would sow nothing other than enmities and discords. Indeed, one must even vote for the less worthy if otherwise an unworthy one would be elected. And, if no worthy one occurs, it is permitted even to confer the benefice on an unworthy one, if both necessity presses and it is hoped that he will be useful, or more useful than harmful, or if a more unworthy one must be excluded. Ferraris v. Beneficium, a. 5, n. 28.

Are lay patrons, not kings, held under mortal sin to present the more worthy for curate benefices? - "The first opinion, which Paludanus and Garcias, P. Navarro and others hold, denies that they are held to present the more worthy, whether the benefice is simple or curate." For the Council of Trent imposes no other burden on a layman than to present a suitable one. "But one must altogether hold with the second opinion that in curate benefices the patron, even a lay one, is held under grave obligation to present the more worthy. This seems certain to me, because in these benefices the same reason indeed runs which does in episcopal benefices, for which Trent has already declared, as we saw above, that the more worthy are to be promoted by all." Lay patrons, not kings: for "it is certain that patrons of bishoprics, as are kings, are held to this from the cited chapter 1 of Trent s. 24 de R., as above, where the Council declared this concerning all promoting. It is certain that if patrons are ecclesiastical, they are also held to present the more worthy, as the Council sanctioned," c. 18 of the aforesaid session 24. For curate benefices: indeed, "if the benefices are simple, just as it is probable that Bishops are not held under grave obligation to confer them on the more worthy, so it is also probable that patrons are not held to this. But because it is more probable, as we have said, that those are to be conferred on the more worthy, so we also judge more probably that patrons are held under grave obligation to present the more worthy. The reason, etc." L. 97. Benedict XIV, Epistle Redditae nobis, April 9, 1745. Cf. here n. 190.

Must those resigning benefices also seek the more worthy? - "The first opinion denies it... and Lugo with Vazquez calls it probable.... The second, altogether opposite opinion absolutely affirms that one resigning is held to seek the more worthy.... The third opinion... then only admits that resignation can be made to one not more worthy, when the one resigning-to is equally worthy as the one resigning, because then no damage is inflicted on the Church. But among all these opinions, the opinion of the most learned Lugo seems more equitable to me, namely that the whole reason of fault in this point is to be taken from the reason of damage which would come to the Church, etc." L. 98, 99.

Are the more worthy to be chosen also for regular prelacies? - "The first opinion denies it, unless there is question of a generalate or perpetual prelacy... but one must altogether affirm with the common opinion.... The reason is that they are as it were Bishops." L. 100, 101; S. Th. Quodl. 8, a. 6.

He who seeks and obtains a benefice can commit the judgment concerning his own suitability and worthiness to the estimation of others, although he does not reckon himself more worthy than others, provided he does not recognize himself as certainly unworthy. S. Th. 2. 2. q. 185, a. 3; E. M.

Is the election of a worthy person in benefices valid, with a more worthy one omitted? - "If the benefice is simple, it is certain from the common opinion of the doctors that it is valid.... It is doubtful if it is curate. Paludanus, etc., probably deny it.... But Lugo, etc., more probably affirm that the collation is valid." L. 102, 103; S. Th. 2. 2. q. 63, a. 2 ad 3.

Parochial prebends, to be conferred by the concours prescribed by Trent, and also for Italy and the adjacent Islands the penitentiary and theological canonry, likewise to be conferred by concours from Benedict XIII, are invalidly conceded even to the simply worthy, with the more worthy or more suitable passed over. Trent s. 25, c. 18 de R.; S. Pius V, C. In conferendis; Benedict XIII, C. Pastoralis officii, May 19, 1725.

Is the promotion of an unworthy person invalid? - If the unworthiness regards the lack of those qualities which render one incapable, because by strict law they are required for valid attainment of a benefice, such as age, legitimacy, celibacy, clerical state, sacred order which is actually had or at least received within a year, if however it was annexed to the benefice, doctorate if it is necessarily required, that someone not be excommunicated, a murderer, a son of heretics, that he was not a public heretic or schismatic, etc., then it is clear that that election is null.

If unworthiness indicates only mere ineptitude for performing the offices inhering in the benefice itself, such as defect of knowledge, defect of upright life and reputation, exercise of a ludicrous art, etc., then the election is not, at least in the external forum, invalid by the law itself, because nothing has been defined concerning this. Nevertheless it is to be invalidated from Trent, which commanded "that ecclesiastical benefices, especially those having care of souls, be conferred on worthy and capable persons... but that collation or provision otherwise made be altogether invalidated." S. 7, c. 3 de R. Trent s. 25, c. 15 de R.; Decretals title de Filiis presbyter.; L. l. 7, n. 316; Schmalzgrueber l. 1, t. 14, n. 30, 31. Cf. 196, 909, 1116, 1240, 1317.

Are those who choose for a benefice a worthy person, with a more worthy one omitted, held to restore the damage brought upon him or upon the church? - The first opinion affirms that they are held to restitution; but some say that they are held to compensate the damage to the more worthy one omitted; others think the damage must be repaired not only to the more worthy one, but also to the church. The second opinion denies that they are held to restitution either toward the church or toward the more worthy one, but otherwise if an unworthy one is chosen. "Each opinion," says S. Alphonsus, "is very probable," asserting that the second is more probable to him. The reason of this second opinion is that, by that law of choosing the more worthy, there is not had, from the mind of the Church, as it were a contract with the candidates concerning choosing the more worthy, but only a most wisely had prescription that collators of benefices provide for the good of the Church in a better way. Nor do those more worthy men who have been passed over have a strict right from justice to obtain those benefices, but only aptitude. But if an unworthy one is chosen, damage is had to the church, and from damage arises the obligation of restitution or of reparation of the damage inflicted. L. 107; l. 3, n. 547, 585. Cf. 199.

When benefices are conferred by concours, is the one choosing a worthy person, with a more worthy one omitted, held to repair the damage to this latter? - The first opinion affirms it. The reason is that benefices are common goods and rewards of merits. The second opinion denies it. The reason is that the pact which is had in concours is not a rigorous pact, obliging according to the laws of commutative justice, but is only a promise obliging from fidelity; for benefices have been instituted especially for undertaking divine worship. But concours looks only to this, that it may appear who are worthy, who more worthy. L. 109; l. 3, n. 585; Elench. quaest. reform. q. 47.

Does a less worthy man, opposing himself through concours to a more worthy one, sin mortally, and is he held to restitution if he obtains the benefice? - Reply: Affirmatively, if the one opposing himself is unworthy, because he illicitly and unjustly obtains it. Negatively, if he is simply less worthy. The reason is that it does not pertain to him to discuss merits, but to the examiners and to the one conferring the benefice. And this is the mind of the Church and the common practice, that all worthy persons compete. L. 110; S. Th. 2. 2. q. 63, a. 3; q. 185, a. 3.

Are examiners held to denounce the more worthy to the Bishop? - The first probable opinion denies it with Lugo, etc., because from Trent s. 24, c. 18 de R., not the more worthy but the suitable are to be announced by the examiners, so that from these the Bishop may then choose the more worthy. The second opinion, more probable and more common to S. Alphonsus, affirms it. The reason is that concours is prescribed for this purpose, that the Bishop may more easily and more safely be able to choose the more worthy. L. 111; E. M.

Must examiners judge not only concerning the knowledge of the competitors, but also concerning the other moral endowments? - Reply: Affirmatively. "When the examination has been completed," says Trent, "let as many as have been judged by these to be suitable in age, morals, doctrine, prudence, and other things opportune for governing the vacant church be announced." S. C. C., August 2, 1607, expressly declared that examiners "gravely fail in their duty if they are judges of doctrine only, and do not inquire who before the others, by probity of morals, labors, obedience previously shown to the church, and the other endowments necessary for abundantly undertaking the parochial office, are suitable and commendable." Indeed it adds that there is no collation which has been made upon the judgment of examiners limited to doctrine alone. And Benedict XIV, Encyclical Cum illud, December 14, 1742, openly reproved the contrary abuse growing up somewhere, de Syn. l. 4, c. 8. A. S. S. v. 2, p. 81, 90; v. 11, p. 13, 127; E. M.

Synodal Examiners: At present their office is not only to examine for obtaining parishes, but also to give consent for the economic removal of pastors. They must take an oath concerning faithfully fulfilling the duty and preserving secrecy. But on occasion of the examination for parishes they can receive nothing, neither before nor after; otherwise they cannot be absolved from the vice of simony, which both they themselves and the others giving incur. In choosing examiners and pastor-consultors, from the Decree Maxima cura concerning administrative removal from office and curate benefice, can. 4, the law to be observed everywhere in the future is this: 1. If a Synod is held, in it, according to received norms, as many are to be chosen as the Ordinary by his prudent judgment shall have judged necessary. 2. When examiners and pastor-consultors have died in the interval between one synod and another, or have ceased from the duty by another reason, the Ordinary substitutes other pro-synodal ones with the consent of the Cathedral Chapter, and, this being lacking, with the consent of the Diocesan Consultors. 3. This rule is also to be observed in choosing examiners and pastor-consultors whenever a synod is not held. 4. Examiners and consultors, whether elected in synod or outside synod, fall from office after five years from their nomination, or even sooner when a new synod arrives. Nevertheless, with those things observed which must be observed by law, they can be elected again. 5. They cannot be removed by the Ordinary during the five years except from a grave cause and with the consent of the Cathedral Chapter or of the diocesan consultors.

Synodal judges: They are also to be chosen by the Bishop in Synod. If, after a year has elapsed, a new Synod is not celebrated, with the counsel of the Chapter, new pro-synodal judges are to be constituted. Cf. Benedict XIV de Syn. l. 4, c. 5, 10. To these from the Council of Trent s. 15, c. 10, ecclesiastical and spiritual causes are to be committed.