Chapter IV — On the qualities necessary for the valid and lawful acquisition of benefices

I. QUESTION I. What age is required in those to be promoted to ecclesiastical benefices? ANSWER. Concerning the one to be elected to the papacy the sacred canons decree nothing. For the episcopate the 30th year completed is required; in France the 27th year suffices. The age required for canonries and other dignities is defined by Trent, session 24, chapter 12, and is known to all, so that it needs no explanation.

II. QUESTION II. What knowledge and probity of morals is required in those to be promoted to benefices? ANSWER. Of knowledge it has already been said above, and it pleases me only to repeat that the knowledge of holy Scripture, and chiefly of the New Testament, is in the highest degree necessary. From this most salutary fount ought directors of souls first of all to draw the rules of Christian profession. Hence they ought first to learn what is the spirit of the Christian life, what the form of morals, what the sanctity of life. Then let them read Trent and its Catechism and the other graver theologians. Bishops ought seriously to examine these men first upon holy Scripture, then upon Trent. But concerning the morals and probity of those to be promoted to the government of souls several things have already been said elsewhere. But our writings avail nothing unless bishops be learned and upright, who may be able to judge for themselves; or unless they be at least endowed with a serious mind and a prudent judgment, by which they can discern the true from the false, flatterers from upright men. I esteem more highly a prudent, mature, and upright bishop who is skilled in the spirit of Christianity delineated in the Gospel with a most simple pencil, than very many laureates in either law, forestalled and full of various petty opinions and sophistical disputations.

III. QUESTION III. Whether it be lawful to desire the government of souls? ANSWER. St. Thomas, Quodlibet 2, article 8, writes here: He who desires a prelacy is either proud or unjust. For it is an injustice that a man should will to receive for himself more of honour, or of power, or of other goods, unless he be worthy of greater. But that a man should assume that he is more worthy of a prelacy than all those over whom he receives the prelacy, is of pride and presumption. Whence it is plain that whosoever desires a prelacy is either unjust or proud. And therefore no one ought to arrive at a prelacy by his own desire, but by the judgment of God, according to that of the Apostle to the Hebrews 5: No man taketh the honour to himself, but he that is called by God as Aaron was. See what he has, 2-2, question 100, article 5, reply 5; likewise in Book 4, distinction 25, question 3, article 3, reply 4.

IV. QUESTION IV. Is it lawful to seek a vacant Church? ANSWER. St. Raymond in his Summa, Book 1, title 1, § 7, writes these things: I distinguish, saving a better judgment, that a man cannot seek for himself a dignity or another benefice having the care of souls annexed. And in this I feel with Hugh. But a simple benefice, if he needs it and feels himself worthy, he can seek without fear of the sin of simony.

V. St. Antoninus, part 2, title 1, chapter 4, § 4, has these things: If a man hold out prayers for himself, for obtaining a dignity or benefice or Church having the care of souls, such prayers induce simony according to Hugh, Raymond, and Thomas, even however worthy he might be: because … by the very fact that he thrusts himself forward, he seems presumptuous and ambitious, and consequently unworthy. And the reason is, according to Thomas in his Quodlibets, because no one can worthily exercise the care of souls outside grace or with mortal sin, because in doing those things which pertain to the care he will sin mortally: but no one can be outside mortal sin, if he be presumptuous and simoniacal. Whence no one ought to assume the honour to himself, but he that is called by God, as Aaron.

VI. It is nevertheless lawful to compete for an examination according to the rule prescribed by Trent, if, the counsel of prudent men going before, you subject yourself to the examination, that you may obey the Church calling, and may with humble obedience subject yourself to the judgment of your Pastor. For the rest, if the appetite for a benefice lie hidden, and ambition creep secretly, the competition itself can be infected with vice. Wherefore, before you expose yourself to this contest, the counsel of a man truly upright and learned is always to be sent before. Let your intention be sincere, of labouring in the vineyard of the Lord and of furnishing worship to God. Question your conscience, weigh seriously the course of your life, your fortitude, your zeal, and your works. And unless you wish willingly to deceive yourself, your conscience as judge will pronounce a right judgment. If the signs of vocation appear, trust not in your own strength but in the help of God. Extremes are to be guarded against in this most grave business also. Do not resist a superior commanding; do not thrust yourself forward of your own accord.

VII. It is opportune that those to be promoted to benefices be of the bosom of the Church of that place in which the benefice is. In several kingdoms laws obtain which prescribe this. Which laws, as being just, are to be observed and imitated, unless a peculiar circumstance stand in the way. When founders have determined that the benefices are to be conferred upon blood-relations, they ought to be conferred upon the nearer, on the hypothesis that he be worthy. Spurious and illegitimate persons are excluded. The degree of nearness ought to be taken from the civil law. Foundlings, or those exposed on account of their parents' want, are commonly held for legitimate. Those bound by the greater excommunication, by suspension, by interdict, or by irregularity are unfit for benefices. Similarly neophytes, or those recently converted to the faith, are reputed unfit.

VIII. QUESTION V. In what ways can benefices be acquired? ANSWER. In three ways: 1. By a patron's presentation and the institution following; 2. By election and confirmation; 3. By free collation. For the right of patronage affords the right of nominating or presenting someone to be instituted in a vacant ecclesiastical benefice. It is acquired in three ways, whether lay or ecclesiastical: 1. By foundation, when someone grants ground for a church to be built; 2. By construction, when someone at his own expense builds a church; 3. By endowment, when someone bestows sufficient revenues upon a church and its ministers. But that a man may possess the title of a right of patronage, he ought to afford certain documents, as Trent determined, session 25, chapter 9.

IX. To ecclesiastical patrons six months are granted within which they ought to present candidates; to secular ones four. To mixed patrons, of seculars and ecclesiastics, six. This half-year or four-month period is reckoned from the day of certain notice of the vacancy had. If a suit arise between the patrons and the bishop, the days do not run, as authors commonly teach. No one can present himself. Those to be presented ought to have the conditions which render a cleric apt for a benefice.

X. Institution is the concession of a Church or benefice made by the authority of the bishop or Ordinary, not to any cleric whatsoever, but solely to him who has been nominated or presented by a patron. A presented cleric is bound within the term of law to exhibit personally the document of presentation, as Trent determines, session 24, chapter 18 On Reformation. When several clerics are nominated by several patrons, the worthier ought to be preferred.

XI. Election is the canonically made calling of some man to a Church vacant of its pastor, to be confirmed by the superior's authority. If the election does not require confirmation, it is called collation, not election. Elective benefices are patriarchates, primacies, archbishoprics, bishoprics, archdeaconries, abbacies, priorates, and so forth. Formerly the election of pastors belonged to the clergy and the people. A different discipline now obtains.