appendix — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Appendix II. On the Benefices of Clerics
Although the matter of benefices has been treated at length by most Theologians, nevertheless it is filled with innumerable and intricate difficulties, which otherwise have altogether vanished in France, from the time when by force of the Concordat between Pius VII and the French Government benefices were taken away and commuted into a yearly pension to be paid by the Government.
We must speak briefly about benefices regarded only in general, namely 1º about the nature; 2º about the acquisition; 3º about the loss of benefices.
I. On the Nature of Benefices
- A benefice is a perpetual right of receiving fruits from the goods of the Church because of some spiritual office constituted by the authority of the Church.
One benefice is simple, another double.
1º A simple benefice is one which has no obligation annexed except that of performing the divine Offices, such as canonries, chaplaincies, etc.
2º A double benefice is one which has jurisdiction, administration, and care of souls annexed, such as the episcopate, the parochial office, etc. It is called double because it is subject to a double burden; for besides the recitation of the breviary, common to all, it has some administration and eminence.
3º The pension which is paid by the Government in France to Bishops and Canons and Pastors, since it has been substituted in place of benefices, obtains their place, and therefore must be regarded as an ecclesiastical good, as is plain from various responses of the Sacred Penitentiary (tom. 1, n. 563).
II. On the Acquisition of Benefices
- The way of acquiring a benefice is threefold: 1º by election, by which a Cleric is chosen by the whole Chapter and is confirmed by the Superior; 2º by presentation, by which someone is offered by the Patron to the Superior, and is instituted by him if he is found suitable; 3º by collation, when a benefice is freely given from the sole right of the Prelate, and is not subject to the right of Patronage. - St. Ligorius, n. 85.
In any diocese the Bishop is the proper collator of benefices, unless by legitimate prescription such a right belongs to another. But the Pope is the supreme and universal collator of all non-patronage benefices. - St. Ligorius, n. 86.
The right of Patronage is twofold: 1º ecclesiastical, if it has arisen from some title of the Church; 2º lay, if it has been acquired by some layman through the foundation, for example, of a Church. The right of Patronage is constituted by os, aedificatio, fundus, namely patronage, the building of the Church, and donation of the land. - St. Ligorius, n. 87.
- Questions. - QUESTION 1º. What qualities are required for obtaining a benefice?
Resp. It is required 1º that the person be suitable and capable, that is, that he be a Cleric, not illegitimate, of good morals; 2º that he have enough knowledge and skill for rightly performing the duty annexed to the benefice. - St. Ligorius, n. 112.
- QUESTION 2º. Is there an obligation of choosing the more worthy for a benefice?
Resp. 1º Affirmative, and indeed under grave obligation per se as to benefices with cure, or double benefices, because the good of the Church demands this. But that it be a grave sin, it is required that the one choosing, after all the circumstances have been diligently inspected, judge that the one chosen is evidently and much less worthy. But greater worthiness is not to be taken absolutely, but relatively to the utility of the Church and of the faithful. - St. Ligorius, nn. 91-92.
- Resp. 2º Affirmative, also more probably and more commonly as to simple benefices, because the advantage of the Church also and distributive justice demand this; unless rarely one less worthy is chosen, and there is question of benefices of lesser moment. - St. Ligorius, n. 93 and following. Nevertheless the election of one less worthy is more probably valid in every case, nor does it induce the burden of restitution per se 1. - St. Ligorius, nn. 102, 103, 106.
1 ** Well does the Author add, "per se"; for otherwise one must speak if some implicit or explicit pact is violated, for example, if collation is made by concursus.
- QUESTION 3º. Is it lawful for someone to possess several benefices?
Resp. Generally no, unless they are simple and do not oblige to residence. Indeed, neither by dispensation of the Pontiff can several benefices be held at the same time if there is not present a cohonestating cause, because this is against natural law, since one suffices for honorable support 2, and various duties cannot rightly be performed by one and the same person. - St. Ligorius, n. 117 and following.
2 ** This reason sometimes fails. For in certain places no one applies for the parochial benefice, because it has revenues so slender that it by no means suffices for the support of the pastor. Hence it also happens that for this cause the Sacred Congregation sometimes dispenses a Pastor from applying Mass for the people on certain days.
- QUESTION 4º. What causes cohonestate plurality of benefices?
Resp. According to the common judgment of the Doctors, they are the following: 1º necessity of the Church, namely if other suitable ministers are lacking; 2º utility of the Church, namely if one alone, although absent, is judged likely to profit more by his authority, doctrine, and prudence than another; 3º prerogative of merits, namely if someone should excel among others in doctrine, counsel, etc. - St. Ligorius, n. 118.
III. On the Loss of Benefices
- Benefices can be lost in four ways: 1º by the death of the benefited one, because they are conceded only to persons; 2º by disposition of law ipso facto because of certain enormous crimes; 3º by sentence of the judge because of crimes not so enormous 3; 4º by spontaneous dimission or resignation.
3 ** Even in the preceding case a sentence of the judge is required, if not condemnatory, at least declaratory of the crime; because no one is compelled to abdicate by himself.
But resignation is twofold: 1º tacit, for example, if someone enters Religion; 2º express, if it is done before a Superior accepting it. But this is either simple or conditioned, accordingly as it is done simply without condition, or with some condition appended, namely that it be conferred upon a certain designated person, etc. - St. Ligorius, nn. 133, 134.
- QUESTION. What are the conditions, that resignation or permutation of a benefice may be valid?
Resp. It is required 1º that it be made freely; 2º that it be made before 4 the Bishop. or Pope; 3º that it be accepted by the Prelate, in whose hands it is made, and by him to whom it is conferred; 4º that the consent of the Patron or of the electors be present, when the benefice is from patronage or election. - See St. Ligorius, n. 133.
4 ** Understand, with the consent and authority of the Bishop or Pontiff intervening, accordingly as the collation of the benefice belongs to the Bishop or to the Pope.
To a benefice is referred an ecclesiastical pension, which is the right of receiving fruits from another's benefice. But a pension is threefold: 1º lay, which is given to laymen because of temporal service toward the Church; 2º ecclesiastical, which is given to Clerics because of spiritual ministry; 3º mixed, which is given to a Cleric only for honorable support.
Moreover for the validity of a pension there is required 1º that dispensation of the Pope accede; 2º that it be given from a just cause; 3º that ordinarily it not exceed the third part of the benefice.