Section — Vermeersch, Theologia Moralis
§ 1. The Notion and Division of Benefices
— "An ecclesiastical benefice is a juridic entity constituted or erected in perpetuity by competent ecclesiastical authority, consisting of a sacred office and the right of perceiving revenues from the endowment annexed to the office." Thus c. 1409.
A juridic entity is the same as a moral person, or a subject of law, which is such not on account of its physical nature, but on account of law, natural or positive, which recognizes or effects its moral unity.
Competent ecclesiastical authority is the Supreme Pontiff for dioceses and quasi-dioceses and dignities of a chapter; for canonries, at least if emoluments are annexed, parishes and quasi-parishes, it is also the Ordinary of the place (cc. 393, 394). The Cardinal himself, in his own title or diaconia, unless it is a church of an exempt clerical religion, can erect a benefice not having care of souls (c. 1414).
The constitution or erection must be perpetual; but now it is not required that it be conferred upon someone in perpetuity: objective, not subjective, perpetuity is necessary.
What a sacred office is, cf. n. 51.
The endowment of a benefice, by today's law (c. 1410), can consist not only in goods possessed by the juridic entity, but also in prestations of the faithful, whether owed or voluntary, provided they are certain as taxed and pertain to the rector of the benefice: thus stole fees, but not Mass stipends, which can be acquired by every celebrant. The choral distributions themselves, if all revenues of the benefice consist in these distributions, can constitute the endowment of a canon, with the third part of them excepted, however, since that third part, from c. 395, is reserved for daily distributions among those present.
By the right of perceiving revenues the definition of a benefice is now completed. Before the Code, it had been customary for it to be defined by the same right, with the word "perpetual" added. And the office was called the foundation of the benefice. Cf. d'Annibale, Summula, III, 18 and note 5.
— Ecclesiastical benefices are distinguished as: consistorial, which have been accustomed to be conferred in consistory, thus episcopates, and non-consistorial; secular or religious, according as they belong only to secular clerics or only to religious clerics, benefices erected outside churches or houses of religious being presumed secular in doubt; double or residential, or simple or non-residential, according as they have annexed or do not have annexed the obligation of residing; with care of souls or without care of souls, according as they have or do not have care of souls joined to them; manual, temporary or removable, or perpetual or irremovable, according as they are conferred revocably or in perpetuity (c. 1411).