§ 1. The Notion and Provision of an Office

— An ecclesiastical office, taken broadly, "is any function which is exercised unto a spiritual end; but in the strict sense, it is a function stably constituted by either divine or ecclesiastical ordinance, to be conferred according to the norm of the sacred canons, bearing with itself at least some participation of ecclesiastical power, whether of order or of jurisdiction" (c. 145, §1). "In law, it is taken strictly, unless something else appears from the context of the discourse" (c. 145, §2).

Therefore a stable, not temporary, constitution of the function; a conferral to be made according to the rules of law, not at the discretion of the Superior; and participation of some spiritual power pertain to the essence of an office properly so called. Therefore, only in the broad sense do these have an office: an apostolic administrator, of whom c. 312 ff. treats, even a perpetual one, or a simple confessor, for stability of office is lacking; the secretary of a bishop, the spiritual director of a monastery, for the conferral is made at the discretion of the Superior; a lay custodian of a church, for he participates in the power neither of order nor of jurisdiction. On the contrary, a residential bishop, a canon, a pastor, a regular Superior exercise an office properly so called.

— Provision of an Office in General. 1. Without canonical provision, that is, without a legitimately made grant of the office, an ecclesiastical office cannot be obtained validly.

2. Provision or promise of an office which is not vacant produces no effect (c. 150).

3. By a Superior below the Roman Pontiff, provision is forbidden to be made to a person whom his proper Ordinary has not found suitable.

4. The modes of providing are:

Free conferral by a legitimate Superior;

Institution of a presented person;

Confirmation of an elected person or admission of one postulated;

Election and acceptance of the elected person, if the election does not need confirmation.

— Free Conferral. 1. The right of conferring offices of itself belongs to the Ordinary of the place, in his own territory.

2. Ecclesiastical offices can be validly conferred only on clerics; offices with care of souls only on priests (cc. 153, 154).

Nor are two incompatible offices to be conferred on the same person, that is, offices which cannot be fulfilled at the same time by the same person (c. 156).

3. Conferral cannot of itself be deferred beyond six useful months from notice of the vacancy having been had. Except if, in the prudent judgment of the Ordinary, the circumstances of places and persons demand further delay (cc. 155 and 458).

4. "The provision of any office whatsoever is to be committed to writing" (c. 159).

— Institution of a Presented Person is had when the right of patronage or an apostolic indult gives someone the faculty of presenting or nominating. Cf. below, concerning Benefices.

— Confirmation of an Elected or Postulated Person.

Election is the collegial calling of a suitable person to a vacant office.

From the general rule, it is not to be deferred beyond a useful trimester from notice of the vacancy having been had. Electors are said to have active voice; those eligible, passive voice. All electors must be convoked. With a special constitution or custom saved, convocation is made by the president of the college; the absent cannot send a vote or constitute a procurator; several titles do not confer several votes. No one can give his vote to himself. The ordinary mode of election is scrutiny, through secret votes. The extraordinary mode is quasi-inspiration, when without a prior agreement, all, to a man, pronounce someone elected; and compromise, when electors, by unanimous and written consent, transfer the right of electing for that turn to one or several suitable persons, whether from the body of the college or from outsiders. The election must be proclaimed by the president and immediately intimated to the elected person, who, at least within a useful octiduum from the received intimation, must manifest whether he consents to the election or renounces it. From the election an acquired right arises for the elected person, subordinated to his consent. The election having been accepted, the elected person must within eight days, from the competent Superior, by himself or through another, petition confirmation, which he cannot deny if he has found the elected person suitable and the election was legitimately carried out. Confirmation is to be given in writing, and of itself confers full right.

The election of the Supreme Pontiff is governed solely by the peculiar law of the Constitution Vacante Sede, December 25, 1904 (cc. 160-178).

Postulation is a petition presented to the competent Superior, by which those electing ask that the office be conferred upon a person who labors under a dispensable impediment, for example defect of age.

Postulation must be sent within an octiduum to the Superior who can confirm the election and dispense from the impediment. That Superior can freely reject the postulation. Wherefore, before the postulation is admitted, the one postulated has acquired no right. The postulation having been admitted, the one postulated, within a useful octiduum from the signified admission, must accept or refuse the office. By acceptance he has acquired full right (cc. 179-182).

— Election and Acceptance of the Elected Person. If the election does not need confirmation, the elected person obtains full right by the simple acceptance of his election.

Thus the elected Supreme Pontiff; thus, of itself, the elected Superior General of a religious institute.

— You will ask by what obligation offices and benefices must be conferred on worthy and more worthy persons. Cf. Lehmkuhl, I, 1159 with note.

1. Election or presentation of an unworthy or unsuitable person, whatever office is in question, is always to be charged as grave sin. For it contains a grave abuse concerning a sacred thing. And the provision is null, or at least can be invalidated by sentence of the legitimate Superior.

2. The conferral of an office with care of souls made to one less worthy in preference to one notably more worthy is grave sin, on account of the spiritual utility of which it deprives the faithful. Cf. c. 459, by which the conscience of the Ordinary of the place is gravely burdened, and, concerning bishops, proposition 47 condemned by Innocent XI (Denzinger, 1197). The very presentation of one less worthy to a benefice with care of souls is similarly blameworthy: yet the Superior will of itself be able to confirm one presented who is absolutely worthy, since, below the Pope, no one can take away an acquired right and therefore repel such a person.

3. Concerning a grave obligation of not omitting the more worthy in the conferral of a simple benefice or presentation to such a benefice, it is not established, at least if this acceptance of persons is not too frequent. Compare c. 153, §2 and c. 459, §1.

4. If at any time clerics are called to a benefice through a competition, a much graver reason imposes the election of the more worthy.

For most ascribe a strict right to the more worthy person that he be preferred, so that his being passed over is injurious to him. Yet this does not seem to be established, since a competition is principally instituted not for the utility of the contenders but for the utility of the Church, so that it may have good ministers and pastors. Commutative justice also intervenes less toward the more worthy person when the competition is made not specially for some benefice, but generally for benefices now or later vacant.

5. But who is to be held more worthy is established from many elements. For the estimation of worthiness is made not absolute but relative. Therefore the more worthy is he who, with all things weighed, even what advantage birth and riches can bring, is judged to suit a certain church more. Indeed, in general the utility of the Church must not be neglected. Wherefore in conferring some benefice the collator can omit the more worthy person for whom he reserves another benefice of greater moment for the good of the Church. Cf. c. 459, §2; Prummer, Manuale, q. 77.