Article I: On The Notion Of Benefices

2235. • DEFINITION. An ecclesiastical benefice is a perpetual right, constituted by the authority of the Church, of exercising a spiritual office in some church, and of receiving on account of it fruits from the goods of the Church.²¹

It is said 1. a perpetual right, and indeed in a double sense, namely objectively and subjectively: objectively, insofar as a benefice once constituted always remains, and is not taken away by the death or removal of the beneficiary; but only becomes vacant, so that it can be conferred on another; subjectively, however, insofar as a benefice, commonly, is conferred not for a certain time, but for the whole life of the beneficiary. - Yet in favorable matters (not in odious matters) under the name of benefices there also come those things to which subjective perpetuity is lacking, such as are, e.g., manual benefices, which indeed are conferred in title, but revocably, at the pleasure of the one conferring, or of the patron.

It is said 2. constituted by the authority of the Church, namely through a formal decree of erection. Whence it happens that never (unless from Pontifical dispensation) ought it to be conferred upon a layman, but upon a cleric; and never by a layman, but by an ecclesiastical person, e.g. by the Pope, or by a Bishop, or prelate.

It is said 3. of exercising a spiritual office, at least of reciting the canonical Hours. - Whence, if ecclesiastical revenues are furnished on account of a merely temporal ministry, such as is the office of singer, of sacristan: such a ministry is by no means to be called a benefice, because this spiritual cause is lacking.

It is said 4. and of receiving on account of it fruits: by which words two things are signified, namely: 1) that this temporal right is annexed to a spiritual office, and indeed as something accessory, although among the Authors it may seem to be the principal mark of a benefice; 2) that beneficiaries are only usufructuaries, the dominion itself of benefices always remaining with the Church.

It is said 5. from the goods of the Church, i.e. from goods dedicated to God and irrevocably donated to the Church. "But these goods can be immovable, movable, for example counted money, revenues, and also rights of any kind, or assignments due from one or another, even from moral persons and Governments, since in exacting these the Church has an incontrovertible right."²² - From which things it is clear that present-day benefices in FRANCE, which obtain revenues from public treasuries, are true benefices, and that such revenues must be held as ecclesiastical, as the Sacred Congregation of the Council has defined several times, and the Sacred Penitentiary declared on 19 January 1819.²³

"And all these things are so NECESSARY that, if one of the foregoing requisites is lacking, it cannot be called an ecclesiastical benefice; for all these things are substantial in a Benefice. - But if all these things are had, one must not care by what name the Benefice is called, whether it is called a benefice, or office, or prestimony (or prebend); because there is no force in the name, but rather the nature of the thing must be attended to."²⁴

2236. • DIVISION. Ecclesiastical benefices are distinguished in many ways,²⁵ namely:

1. Into greater and lesser. The greater are the Papacy, Cardinalate, Episcopate, and Prelacies with quasi-episcopal jurisdiction, which are conferred in Consistory. - Lesser are the remaining inferior benefices, which lack such jurisdiction, and are comprehended under the name of benefices alone, in odious matter.

2. Into secular and regular, insofar as, from foundation or approved custom, they belong to secular or regular Clerics. In doubt, benefices are presumed to be secular. - If benefices are conceded to regulars at the good pleasure of the Superior, they are not benefices in the strict sense (cf. n. 1335).

3. Into simple and double. Simple are those which have been instituted only for the recitation of the canonical Hours, or for the service of the Altar: such are Canonries (or Prebends), Chaplaincies erected by the authority of the Pontiff or Bishop; and also Prestimonies, which are furnished to Clerics that they may devote themselves to study, and things of this kind. - Double are those which have some special quality annexed to themselves. Here come: 1) In Chapters, Dignities, by reason of jurisdiction over the Clergy, e.g. the archdeaconry (at least in some places), deanery, provostship; Personates, by reason of preeminence in choir or procession, such as are the primiceriatus, cantorate, dignity of major sacristan; Offices, by reason of administration, as the office of treasurer, steward, custodian, minor sacristan. 2) In Parishes, curative benefices, which have the care of souls annexed to themselves.²⁶

4. Into elective, collative, and patronate, insofar as, when they are vacant, provision is made for them either by election of some College, or by free collation of the Prelate, or by presentation of the patron.²⁷

5. Into incompatible and compatible, insofar as they require, or do not require, residence.

2237. • Questions. ASK 1. In what way is a benefice ACQUIRED?

Resp. It can be acquired in three ways: 1. by election, by which a Cleric is elected by the whole Chapter, and is confirmed by the Superior; 2. by presentation, by which someone is offered by a Patron to the Superior, and is instituted by him if he is found suitable; 3. by collation, when the benefice is given freely, by the sole right of the Prelate, and is not subject to the right of patronage.² - That the institution of a benefice be canonical and valid, there ought to be power in the one instituting, capacity in the one receiving, solemnity in the act. Concerning these things, the Canonists.

ASK 2. What is the right of PATRONAGE, and to what rules is it subject?

Resp. 1. The right of patronage is the power of presenting to a vacant ecclesiastical benefice. If this right belongs to someone from an ecclesiastical title, it is called ecclesiastical; but if it comes from the fact that someone founded and endowed a church from patrimonial goods, it is called lay.³

Resp. 2. If the patronage is lay, presentation ought to be made within four months; but if it is ecclesiastical or mixed, within six months: when these have elapsed and presentation has not been made, the benefice becomes of free collation, and must be conferred by him to whom the institution pertains. Except if there is litigation about the patronage between Bishops and patrons, or between those presented; otherwise, if the litigation is between the patrons themselves.⁴ - What if several are presented? - R. If a lay patron after one presents another, the Prelate can institute whom he prefers; but if an ecclesiastical patron does the same, the first must be instituted; because in this case, he who is first in time is first in right. - But if several patrons present several, and these equally worthy, let the Prelate institute whom he wills; otherwise the more worthy must be preferred, although presented by the lesser part of the patrons; indeed, with this disagreement of patrons standing, the benefice can be conferred on some third person.⁵

ASK 3. In what way is a Benefice LOST?

Resp. It is lost and is judged to be vacant: 1. by the death of the beneficiary; - 2. through sentence of a judge; - 3. from the disposition of law, namely: on account of marriage, or religious profession; on account of the acceptance of another incompatible benefice; on account of the crimes of heresy, schism, repeated sodomy, simony, etc., this, however, after at least a declaratory sentence; - 4. through free resignation, i.e. through a spontaneous dismissal, made before the legitimate Superior, in favor of someone suitable who accepts, and with the consent of the patron, or of the electors.⁶