Duties of the beneficiary

The beneficiary is bound faithfully to fulfil the special duties annexed to his benefice, and, moreover, daily to recite the canonical Hours (Can. 1475, sec. 1).

If, without any legitimate excuse, he has failed to satisfy his obligation of reciting the canonical Hours, in proportion to his omission he does not make the fruits of the benefice his and must hand them over to the church fabric or to the diocesan seminary, or must give them to the poor (Can. 1475, sec. 2).

The beneficiary, as the guardian of his benefice, ought to administer the property belonging to his benefice according to law (Can. 1476, sec. 1).

If he is negligent or in any other way in fault, he ought to make good the damage done to the benefice, and he should be compelled to make compensation for it by the local Ordinary, and if he be a parish priest he can be removed from his parish in accordance with Canon 2147 ff.

The Code of Canon Law and the canonists should be referred to for fuller treatment of this matter.

III. Duties of beneficiaries. As the title of the article indicates, the discussion is about the duties which are common to beneficiaries, with the special obligations of some being omitted.¹ Moreover:

1. A beneficiary is bound faithfully to fulfill the particular burdens annexed to the benefice and, besides, to recite the canonical hours daily. If, detained by no legitimate impediment, he has not satisfied the obligation of reciting the canonical hours, he does not make the fruits his own in proportion to the omission, and he should hand them over to the fabric of the church or to the diocesan Seminary, or distribute them among the poor (can. 1475); these things were explained more fully in n. 1192.

2. A beneficiary must administer the goods pertaining to his benefice as the curator of the benefice (can. 1476); and in particular he must carry out as soon as possible the lesser repairs which fall upon him, lest the necessity of greater repairs arise (can. 1477, § 3).

3. Expenses connected in an ordinary way with the administration of benefice-goods and the perception of fruits are to be borne by the beneficiary. Expenses for extraordinary repairs of the benefice-house are to be borne by those upon whom falls the burden of repairing the benefice-church, unless the documents of foundation or legitimate agreements and customs provide otherwise (can. 1477, §§ 1 and 2).

4. A beneficiary is bound by the obligation of expending superfluous benefice-fruits for the poor or for pious causes; Cardinals, however, are not bound by this obligation (can. 1473). Since there is question of fruits which he has made his own (cf. can. 1409, 1472, and 1475), the said obligation is not to be judged an obligation of justice; hence a beneficiary who illicitly expends superfluous revenues is not bound to restitution (St. Thomas, Quodlibet 6, article 12, ad 3; St. Alphonsus III, 492).

¹ I note, however, can. 2381: One who obtains an office, benefice, or dignity with the burden of residence, if he is illegitimately absent: 1st, by that fact is deprived of all the fruits of his benefice or office in proportion to the illegitimate absence, and must hand them over to the Ordinary, who is to distribute them to the church or to some pious place or to the poor; 2nd, he is to be deprived of office, benefice, or dignity according to the norm of canons 2168-2175.

II. The duties of a parish priest chiefly regard residence, Mass for the people, ministration of the sacraments, catechetical instruction, sacred sermons, custody of ecclesiastical discipline, spiritual care of the sick, and care of the poor.

1. Residence. a) A parish priest is held by the obligation of residing in the parochial house near his church; nevertheless the local Ordinary can, for a just cause, permit him to live elsewhere, provided the house in which he lives is not so distant from the parochial church that the performance of parochial duties suffers some detriment from it (can. 465, § 1). However, a parish priest is permitted to be absent for at most two months within the year, whether continuous or interrupted, unless a grave cause, in the judgment of the Ordinary himself, either requires a longer absence or permits only a shorter one (can. 465, § 2). And the days on which once a year he is occupied with pious exercises are not computed in the two months of vacation (can. 465, § 3). Nevertheless it must be noted that a parish priest who is going to depart is bound to these things:

a) When the absence is going to last beyond a week, the parish priest, besides a legitimate cause, must have the written permission of the Ordinary and, unless he habitually has assistants, leave in his place a substitute vicar to be approved by the same Ordinary; but if the parish priest is a religious, he also needs the consent of the Superior, and the substitute must be approved both by the Ordinary and by the Superior (can. 465, § 4).

b) If a parish priest is compelled to depart for a sudden and grave cause and to be absent beyond a week, he should as soon as possible inform the Ordinary by letter, indicating to him the cause of the departure and the supplying priest, and should stand by his commands (can. 465, § 5).

c) Even for the time of a shorter absence the parish priest must provide for the necessities of the faithful, especially if particular circumstances require this (can. 465, § 6). Finally, it is prohibited to be absent in time of contagious disease;¹ nevertheless it is lawful to leave the care of the sick to the vicar, if the latter is prepared for it, lest both be exposed to danger or lest the faithful, because of fear of contagion, avoid both (St. Alphonsus VI, 233). On the time of persecution see the tract on Faith, n. 500.

b) The obligation of residence is grave of its own kind; and illicit absences coalesce. Neglect is grave if it is extended to three continuous weeks; nevertheless a longer space of time is required if the absences are interrupted; even less can suffice if meanwhile sufficient provision has not been made for the necessity of the faithful.

c) A parish priest who is illegitimately absent is by that fact deprived of all the fruits of his benefice in proportion to the illegitimate absence, and he must hand them over to the Ordinary, who is to distribute them to the church or to some pious place or to the poor (can. 2381, 1st); besides, proceedings must be taken against the delinquent according to the norm of canons 2168-2175 (can. 2381, § 2). It is said all the fruits; hence those fruits also are comprehended which correspond to other burdens of the benefice.² Then the obligation of handing over the fruits to the Ordinary presses before the sentence of a judge.³

2. Mass for the people, which obligation is explained in the tract on the Most Holy Eucharist.

3. Ministration of the sacraments; concerning this there is enough in the tracts on the Sacraments in general and in particular.

4. Catechetical instruction. a) With regard to children, the parish priest must: 1st, at fixed times, by continuous instruction for several days, prepare children each year for receiving the sacraments of penance and confirmation rightly; 2nd, with altogether particular zeal, especially, if nothing prevents, in the time of Lent, instruct children in such a way that they may holily taste for the first time the Holy Things from the altar (can. 1330); 3rd, besides the instruction of children already explained, the parish priest should not omit to cultivate more abundantly and perfectly in the catechism those children who have recently received first communion (can. 1331).

b) With regard to adults, on Sundays and other feasts of precept, at that hour which in his judgment is more suitable for the attendance of the people, the parish priest must moreover explain the catechism to the adult faithful, in speech accommodated to their understanding (can. 1332).

Note 1. In the religious instruction of children the parish priest can, indeed, if he is legitimately impeded, must, make use of the work of clerics dwelling in the territory of the parish, or even, if necessary, of pious lay people, especially those who are enrolled in the pious society of Christian doctrine or another similar society erected in the parish (can. 1333, § 1). Priests and other clerics detained by no legitimate impediment are to be helpers to their own parish priest in this most holy work, even under penalties to be inflicted by the Ordinary (can. 1333, § 2). Here the discussion is about priests and clerics who are not exempt, since exempt clerics do not have a proper parish priest.

Note 2. If, in the judgment of the local Ordinary, the help of religious for the catechetical instruction of the people is necessary, religious Superiors, even exempt, when requested by the same Ordinary, are bound, either by themselves or through their religious subjects, though without detriment to regular discipline, to hand it on to the people, especially in their own churches (can. 1334). Finally it belongs to the local Ordinary to issue all things in his diocese which regard instructing the people in Christian doctrine; and even exempt religious, whenever they teach the non-exempt, are bound to observe the same things (can. 1336).

c) The obligation of catechetical instruction is grave of its own kind; hence a parish priest who is notably negligent in fulfilling it sins gravely. Nevertheless the obligation of doing this personally is not to be urged in the same way as when there is discussion of sacred sermons; for then, as we shall now say, it is expressly indicated by the Code (can. 1344).

5. Sacred sermons. By divine precept it has been commanded to all to whom the care of souls has been committed to feed their sheep by the preaching of the divine word.⁴ Moreover:

a) On Sundays and the other feasts of precept through the year, it is the proper office of each parish priest to announce the word of God to the people by the customary homily, especially within the Mass at which there is usually the greater attendance of the people (can. 1344, § 1). A parish priest cannot satisfy this obligation habitually through another, unless for a just cause approved by the Ordinary (can. 1344, § 2). The Ordinary can permit that on certain more solemn feasts, or even, for a just cause, on some Sundays, the sermon be omitted (can. 1344, § 3).

Note 1. It is to be desired that at Masses which, with the faithful present, are celebrated on feasts of precept in all churches or public oratories, a brief explanation of the Gospel or of some part of Christian doctrine be made; and if the local Ordinary has prescribed this, with suitable instructions given, not only priests from the secular clergy are bound by this law, but also religious, even exempt, in their own churches (can. 1345).

Note 2. Let the Ordinaries of places take care that in the time of Lent, and likewise, if it has seemed expedient, in the time of Advent, sacred sermons be given more frequently to the faithful in cathedral and parochial churches (can. 1346, § 1).

b) In sacred sermons those things are chiefly to be expounded which the faithful must believe and do for salvation. The heralds of the divine word should abstain from profane or abstruse arguments exceeding the common understanding of the hearers; and they should exercise the evangelical ministry not in persuasive words of human wisdom, not in the profane display and enticement of vain and ambitious eloquence, but in the showing of spirit and power, preaching not themselves but Christ crucified (can. 1347).⁵ Finally, it is illicit to treat certain matters, namely: a determinate time of certain future things, for example of Antichrist or of the last judgment; likewise vain revelations about these or other things; new inspirations or revelations or new miracles, unless they have been approved by competent authority.⁶

c) The obligation of preaching is grave of its own kind; but grave matter seems to be had if a parish priest for one continuous month or for three discontinuous months in the year preached neither by himself nor through others (St. Alphonsus III, 269). A longer space of time is also required for someone to sin gravely for the reason that he preached only through another.

6. Custody of ecclesiastical discipline. The parish priest must know his sheep and prudently correct those who err (can. 467, § 1). Besides, he should watch lest anything against faith and morals be handed on in his parish, especially in public and private schools (can. 469; cf. St. Thomas 2-2, q. 33, article 2, ad 4; St. Alphonsus III, 360, doubt 2). Moreover sacred missions contribute greatly to the custody or restoration of ecclesiastical discipline, concerning which can. 1349 says thus: Ordinaries should watch that parish priests take care that at least every tenth year a sacred mission, as it is called, be held for the flock committed to them. A parish priest, even a religious, must stand by the commands of the local Ordinary in instituting these missions.⁷

7. Spiritual care of the sick; these things are explained in the tracts on the Holy Eucharist, on Penance, and on Extreme Unction.

8. Care of the poor; concerning this can. 467, § 1 establishes: The parish priest must embrace the poor and miserable with fatherly charity.

¹ Sacred Congregation of the Council, 6 September 1576, in Fagnanus, on chapter Clericos, De clericis non residentibus, from n. 41 to n. 45; Benedict XIV, De Synodo dioecesana, book 13, chapter 19, n. 2.

² Sacred Congregation of the Council, 10 July 1920, ad III.

³ Sacred Congregation of the Council, 10 July 1920, ad VII.

⁴ Council of Trent, session 23, chapter 1, on reform.

⁵ Cf. Encyclical of Benedict XV Humani generis, 15 June 1917.

⁶ Cf. Lateran Council V, session 11, constitution 1; Council of Trent, session 25, decree on the invocation of Saints.

⁷ Pius VI in the Bull Auctorem fidei, 28 August 1794, condemned proposition 65 of the Synod of Pistoia: "The proposition stating that the irregular noise of the new institutions which are called Exercises or Missions perhaps never, or at least very rarely, reaches the point of working absolute conversion, and that those external acts of movement which appeared were nothing other than passing flashes of natural shock, is rash, evil-sounding, pernicious, and injurious to a practice piously and salutarily frequented by the Church and founded on the word of God."

Benedict XIV in the Constitution Gravissimum, 8 September 1754, speaks thus: "Taught by long experience, we have perceived that for correcting wicked morals, which either begin to creep in, or have already grown too strong, or finally, confirmed by long duration, have occupied dioceses more widely, nothing contributes more than to implore external help and powers, namely to appoint sacred Missions everywhere (§ 4).... Wherefore this remedy cannot be called new, uncertain, or devised by Us: a remedy most suitable for correcting the corruptions of the people, and perhaps the only one, which so many Bishops distinguished by the glory of piety have used with great utility in their dioceses, which We Ourselves have so often experienced, and which You also, who beyond doubt have at some time refreshed the people committed to you with sacred Missions, have experienced (§ 10)."

Pius IX in the Letter Singulari quidem, 17 March 1856, to the Austrian Bishops: "Since sacred Missions carried out by suitable workers conduce exceedingly to exciting the spirit of faith and religion among peoples, and to recalling them to the path of virtue and salvation, We vehemently desire that you take care that they be held from time to time in your dioceses. And We offer deserved and highest praises to all those who from your order have already introduced into their dioceses so salutary a work of sacred Missions, from which, by the breathing of divine grace, We rejoice that abundant fruits have been perceived."

I. "To the vicar," that is, the assistant vicar, so says can. 475, § 2, "if he supplies the place of the parish priest in all things, belong all the rights and duties proper to parish priests, except the application of Mass for the people, which burdens the parish priest; but if he supplies only in part, his rights and obligations are to be drawn from the letters of deputation." With these things premised, certain things remain to be noted with regard to cooperator vicars.

II. A cooperator vicar:

1. Is bound by the obligation of residing in the parish according to diocesan statutes or laudable customs or the prescription of the Bishop; indeed the Ordinary should prudently take care, according to the norm of can. 134, that he live in the same parochial house (can. 476, § 5).

2. His rights and obligations are to be drawn from diocesan statutes, from the letters of the Ordinary, and from the commission of the parish priest himself; but, unless something else is expressly provided, he must assist the parish priest in the whole parochial ministry, except the application of Mass for the people (can. 476, § 6). Specifically, with regard to competence for assisting at marriage, see the tract on Matrimony.

3. He is subject to the parish priest, who should instruct him paternally and direct him in the care of souls, watch over him, and at least annually report concerning him to the Ordinary (can. 476, § 7).

"From the decree of the Lateran Council under Leo X, augmented by St. Pius V in the year 1751, beneficiaries are bound to restore the fruits of the benefice according to the proportion of omission of the Office, six months having elapsed from the day of possession of the Benefice. For in the aforesaid Council, session 9, section Statuimus, it is said thus: We also establish that anyone having a benefice, if after six months, the benefice having been obtained, he has not said the divine Office, with a legitimate impediment ceasing, does not make the fruits his own according to the proportion of the omission of recitation of the Office and of time. Then St. Pius V in his Constitution 186, which begins Ex proximo Lateranensi, issued in the year 1571, sanctioned thus: We establish that he who has omitted all the canonical hours on one or more days loses all fruits of the benefice which correspond to that day or those days; but he who has omitted Matins only, half; he who has omitted the other hours, the other half; even if someone assigned to choir, not reciting, should be present with the others at all canonical hours, and should pretend that he has made fruits and distributions, perhaps otherwise assigned by presence alone according to statute, custom, or otherwise, accrue to himself. Let him also understand that, besides the loss of fruits and distributions, he has committed grave sin. Likewise, he who in the first six months has not said the Office, unless a legitimate impediment excused him, should understand that he has committed grave sin, etc. Moreover, restitution of this kind is certainly owed before the sentence of a judge, as is clear from the condemned proposition 20 of Alexander VII, which said: restitution imposed by Pius V upon Beneficed clerics not reciting is not owed in conscience before the declaratory sentence of a judge, because it is a penalty." St. Alphonsus, bk. 3, nn. 663, 666, 672; bk. 4, n. 151.

— Rights. Legitimate possession having been taken, the beneficiary enjoys all the spiritual and temporal rights of his benefice; and he perceives its revenues, which he can expend for his own honest support. He must destine superfluous revenues to the poor or to pious causes by that obligation which has been explained in the treatise on justice.

Cardinals are immune from this obligation, from c. 239, §1, n. 19. For by the very fact that ecclesiastical goods are attributed to ministers of the Church by title of just remuneration, they serve ecclesiastical ends, and satisfaction has been made to the intention of those offering them. Therefore it remains entire for the Supreme Pontiff that, from a just cause, he relieve certain clerics from the burden which the will of the Church alone imposed. Cf. Lehmkuhl, I, 1072, note.

— Obligations. With special obligations of many beneficiaries omitted, such as receiving a certain order and residing, every beneficiary must recite the canonical hours and prudently administer the goods of his benefice, with expenses and lesser repairs made in due time which fall upon him. Cf. cc. 1474-1478. How the annual revenues of a benefice are to be distributed between the successor and the predecessor or his heirs; to whom the fruits of a vacant benefice yield; what must be held concerning the half-annate, is said in cc. 1480-1482, concerning which consult the canonists. Cf. Epitome I. C., II, 801 ff.

Moreover they must bear moderate taxes, such as the cathedraticum (c. 1504), which is paid as a sign of subjection; a tax in favor of the seminary (cc. 1355, 1356); an exaction imposed on account of an extraordinary necessity of the diocese (c. 1505).

II. He who holds a benefice reduced to commendam, until it be given to another, or a manual or regular one, is bound to recite the office: because it is a benefice, and he receives its fruits. For it does not matter that it can be revoked at will. For the burden lasts as long as the advantage lasts. If a benefice is given to someone that he play the organ, he ought to recite the office. If only the fruits of the benefice are conferred as a wage, then there is no duty of reciting the office.

XI. He who accepts a slender benefice is subject to the obligation of reciting the Canonical Hours, as the common and true opinion teaches. For this burden arises not from the revenues, but from the benefice. Therefore he who wills the benefice, wills by that very fact the burdens of the benefice. If the burden displeases him, let him give up the benefice.

XII. A Beneficiary who, having taken possession of the benefice, is impeded for some time from receiving the fruits, is bound to recite the Canonical Hours. For he who is deprived for some time of receiving the fruits, and probably hopes that he will receive them in due time, has the benefice, and the right of receiving the fruits. Those Beneficiaries are bound to recite the Canonical prayers whose first-year fruits, by statute of the Church or by custom, are distributed among their seniors: both because they voluntarily subject themselves to this burden, and because they have a right to receive the fruits. Yet the Council of Trent, session 24, chapter 14, and St. Pius V, in the constitution Dudum of the year 1570, disapproved this custom as depraved. But when a Beneficiary is impeded by force and fraud from receiving the fruits, without hope of receiving them, he is exempt from the burden of the divine office, and can give up the benefice. If, however, the impediment were not perpetual, nor for a very long time, and the Beneficiary wished to retain the benefice, then he would be bound to the Canonical Hours: because he both possesses the benefice and has hope of receiving the fruits.

XIII. A Beneficiary who, after the benefice has been conferred, is impeded by a lawsuit brought against him from taking possession of the benefice, is not bound to the Canonical Hours. For the burden of reciting the Canonical Hours arises not from the conferral alone, but from the peaceful possession of the benefice. From conferral a right is born, but a mutilated and imperfect one; it is perfected, however, by possession. From this absolute title the burden of the Canonical Hours arises. When, therefore, the beneficiary is in no way the cause why he is impeded from possession, but by a lawsuit brought against him is in very deed impeded from possessing the benefice, he is exempt from the burden, until he attains possession. For so long as possession is under litigation, the benefice, together with its fruits, is a contingent matter; and from a contingent matter a certain debt cannot flow.

XIV. If, on the contrary, a Beneficiary has obtained possession of the benefice and the administration of the fruits, and is afterwards sued in a lawsuit, then he is bound to the Canonical Hours: because then he enjoys the title, the possession, and the administration of the benefice. And this is the common opinion.