Section — Vermeersch, Theologia Moralis
§ 2. Conferral of Benefices
— 1. Who may confer them. The Supreme Pontiff can confer all benefices; he reserves to himself the conferral of certain benefices (c. 1435).
The conferral of vacant benefices of itself belongs to the Cardinal in his own title or diaconia; to the Ordinary of the place in his own territory.
The mode to be observed. With the limited faculty of imposing pensions saved (c. 1429), a collator lower than the Pope cannot confer benefices with diminution (c. 1440).
On whom they are to be conferred. Secular benefices are to be conferred only on seculars, religious benefices only on members of the religion to which the benefices belong (c. 1442).
Beginning of possession. No one can take possession of a benefice by his own authority; but legitimate sending into possession is required (cc. 1443, 1444).
Two incompatible benefices cannot validly be accepted or retained by the same cleric. Such are those whose burdens he cannot fulfill at the same time, or of which either one suffices for his honest support (c. 1439).
— Some benefices are conferred freely, others are subject to the servitude of the right of patronage.
The right of patronage designates the sum of privileges, with certain burdens, which belong by concession of the Church to Catholic founders of a church, chapel, or benefice, or to their successors. Besides the family coat of arms, a distinct place in the church, and precedence before laymen in processions or similar functions, the chief right of the patron is that he can present a cleric to the vacant church or vacant benefice. One legitimately presented and found suitable, the presentation having been accepted, has a right to canonical institution, which only the Ordinary of the place grants (cc. 1448-1471).
In the future, however, no right of patronage can be validly constituted. In its place spiritual suffrages will be offered to founders, with the faculty of stipulating that the benefice be conferred the first time upon the cleric founder or another cleric whom the founder has designated. And Ordinaries are ordered to strive that, at least in place of the right of presenting, patrons be willing to be content with spiritual suffrages. Cf. cc. 1450, 1451.
Distinct from the right of patronage is an apostolic indult of presenting to a vacant church or to a vacant benefice: we are admonished by canon 1471 that this privilege is of strict interpretation.