Benefice

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(LatinBeneficium, a benefit)

Popularly the termbenefice is often understood to denote either certainproperty destined for the support ofministers of religion, or a spiritual office or function, such as the care ofsouls, but in the strict sense it signifies a right, i.e. the right given permanently by theChurch to acleric to receiveecclesiastical revenues on account of the performance of some spiritual service. Four characteristics are essential to every benefice:

This last mentioned element is fundamental, since a benefice exists only for the sake of securing the performance ofduties connected with the worship ofGod, and is based on the Scriptural teaching that they who serve the altar should live by the altar. In fact, asInnocent III declares, the sole purpose of the foundation of benefices was to enable the church to have at her commandclerics who might devote themselves freely to works of religion.

History

The need which benefices are intended to meet was in the earlier centuries of the life of theChurch satisfied in other ways. From the beginning, theclergy was supported by the liberality of thefaithful, but originally all offerings were transmitted to thebishop, who took charge of their administration and distribution. Usually the mass of donations was divided into four portions, of which one went to the support of thebishop, another to the maintenance of theclergy, a third to the repair and construction of churches, and a fourth to the relief of the needy and afflicted. Under this system even thoseclerics who ministered in ruralparishes wereobliged to send the oblations received in their churches to thebishop, to swell the common fund and to be submitted to the ordinary rule of allotment. The inconvenience attending this method, especially because the offerings were frequently in kind, increased with the growth of theChurch, particularly with the multiplication of countryparishes. Moreover theChurch came to possess considerable realproperty. Hence early in the sixth century we find in some places the practice of allowing some of theclergy to retain for themselves and for their churches the gifts which they had received or even the income fromproperty which theChurch had acquired. The latter form of grant, in connexion with lands or permanent endowments, was known asprecaria, a name which indicates its unstable tenure; on the death of the possessor the source of his revenue reverted to the common fund ofchurch property, and could not serve for the support of acleric unless devoted anew to this purpose by a formal act ofecclesiastical authority. Though theseprecariœ were in the beginning contrary to the canons, circumstances justified their increasing employment, and they paved the way for the recognition of the modern benefice.

All that was needed to transform theprecariœ into benefices, was to do away with the need of a new episcopaldecree assigning the income from certain lands or otherproperty to the support of apriest on the occurrence of a vacancy, and to recognize in the source of income a perpetual foundation for this specific purpose. When this was done and the incumbent was given permanency in office, the modern benefice came into being. It was of gradual growth, its beginningdating from the sixth century and its universal adoption being delayed until the eleventh century. Since the usufruct allowed toclerics resembled the grants of land which sovereigns were accustomed to make to subjects who had distinguished themselves by military or political service, and which theChurch was at times compelled to concede to powerful lay lords in order to securenecessary protection in troubled times, it was natural that the term benefice, which had been applied to these grants, should be employed to denote the similar practice in regard toecclesiastics. Wherever thecommon law of theChurch holds sway the establishment of benefices is the rule. In more than one country a system developed by centuries ofpiety has fallen before decrees of secularization, but if the usurping government makes a pretence of compensation by stipends to theclergy, such stipends are regarded by theChurch as beneficiary revenue, and those who receive them retain the status of beneficedclerics. In theUnited States benefices are almost unknown. A solitary example inNew Orleans figured as a notable exception in thedecree of the Second Plenary Council. A fewparochial benefices are found in the province ofSan Francisco, and there is good ground for the opinion which sees in permanent rectorships all the requisites of a benefice; but these instances, with the episcopates, are in marked contrast with the general organization of theChurch in theUnited States. InEngland, also, benefices are the exception, but inCanada they are more common (Gignac, Compend. Jur. Eccl., Quebec, 1906). The beneficiary system plays an important part in the discipline of the evangelical churches on the continent ofEurope, and of theState church of England. In 1900, out of 22,800clergymen at work in theAnglican Church, 13,872 were beneficed. (For benefices or "livings" in theAnglican Church see Phillimore, "Ecclesiastical Law"; Idem, "Book of Church Law", London, 1899, 227; ibid. the Benefices Act of 1898. For the Evangelical Churches see Hinschius, "Kirchenrecht",Berlin, 1869 sq.; Friedberg, "Lehrbuch des Kirchenrechts", 4th ed., 1895; Real Encyk. f. Prot. Theol. und Kirche, 3d ed., 1897, II, 596.)

Division

Benefices are divided into simple and double; major and minor; elective, presentative, and collative; residential and non-residential; perpetual and manual;secular andregular. Simple benefices are those which involve only theduty of reciting theDivine Office or of celebratingMass. Double benefices imply the care ofsouls orjurisdiction in the external forum or administrative functions, and, if they be episcopal or supra-episcopal in rank, are styled major benefices. A benefice is elective when the appointing authority may collate only after some electoral body has named the future incumbent; presentative when suchnomination belongs to a patron; collative when thebishop or other superior appoints independently of any election or presentation. The distinction between residential and non-residential benefices is based upon the fact that in some cases the canons or articles of foundation impose theobligation of residence in the locality of the benefice while in other cases no suchobligation is annexed. Manual benefices are not benefices in the strict sense, since their distinctive note is that appointments to them are revocable at the will of the collating authority. A legal presumption exists that all benefices are secular, but those which exist in churches or houses ofreligious orders or which by custom or by the will of the founder have been appropriated to religious are known as regular benefices. This last distinction has at times a special importance because of the rule requiring that secular benefices be conferred only onsecular clerics, regular benefices only on regulars.

Creation

Benefices can be created only byecclesiastical authority, since theright to revenue which they suppose is always necessarily connected with some spiritual function, and is therefore reckoned among thejura spiritualia controlled by theChurch. The competent authority may be thepope or abishop or one possessing quasi-episcopal authority, it being always understood that thepope has exclusive control of all major benefices. A benefice must be erected in a church or at an altar, under the title of some saint or mystery, and with the annexedobligation of rendering some spiritual service. Since theidea of compensation is always implied, a sufficient endowment must in every case be guaranteed, the amount varying with the character of the benefice, the locality of the foundation, and the nature of the services which are to be rendered. In some countries, as inAustria, the consent of thecivil authorities is anecessary preliminary to the creation of a benefice.

Modification

A benefice once erected is understood to be perpetual, but thelaw must and does provide for circumstances which may require an alteration of the status of a benefice by union or division, or even its entire suppression or extinction. Sometimes, owing to changed conditions, especially to a diminution of revenue, it becomesnecessary to unite two or more benefices. This union may be effected in two ways, either so that an entirely new individual entity is brought into being, or so that the original titles remain, but are conferred on one cleric instead of several. In this latter case a distinction has to be made between a union in which both benefices retain their legal autonomy and a union in which one benefice is made legally dependent on the other. Thepope alone can unite major benefices; minor benefices are subject in this respect to episcopal authority, with very few exceptions. Abishop is not allowed to proceed to the union of benefices unless such action be justified by reasons of necessity or of advantage, and unless a hearing be first granted to all interestedpersons. The patron, if there be one, and thecathedral chapter are the only parties whose consent, as distinguished from mere opinion, is required. The division of benefices, which is most frequently verified in connexion withparishes, is authorized when the incumbent is unable on account of increasingobligations to meet the requirements of his office, even with the help of such auxiliaries as thelaw allows. The formalities are generally the same as for a union. The term "dismembration" is frequently employed as a synonym for division, but strictly speaking it denotes an act by which a part of the goods or revenues of one benefice is given perpetually to another benefice or to some otherecclesiastical entity. In this case no new benefice is set up, and the act in question is in reality simply an alienation ofchurch property, and is therefore governed by the rules applicable to alienation. Dismembration is also used at times to signify the separation of a certain territory with its inhabitants from oneparish and its incorporation in another, which may be effected for sufficient reason. The extinction of benefices occurs when both the benefice and the church to which it is attached are utterly destroyed or cease completely to have any connexion withCatholic worship, as happened in the past when certain countries were overrun by infidels orheretics, and in more recent times on the occasion of acts of usurpation by thecivil power. Suppression differs from extinction in that it simply terminates the existence of a benefice, leaving intact the church and any other benefices which may be connected with it. Suppression involves a diminution of religious service, and is consequently regarded as odious in law. Nevertheless abishop may for good reasons and with the consent of his chapter proceed to suppression, and at times such action is renderednecessary by a considerable depreciation in the value of the beneficiaryproperty or by the departure of the population to whose spiritual needs the benefice was intended to minister. Suppression is not infrequently requested by patrons. In such cases the practice is not to consent to absolute suppression, at least of the religious service depending on the benefice, but simply to the exoneration of the patron and his renunciation of thejus patronatus.

Collation

The collation or granting of benefices may be ordinary or extraordinary, free ornecessary. The distinction between ordinary and extraordinary collation is based upon the fact that while, ordinarily major benefices are disposed of by thepope and minor benefices bybishops, it may occasionally happen that this rule suffers an exception in so far as it relates tobishops, either because of a special provision of thelaw in favour of thepope or of some other authority, or because, on the failure of thebishop to act, theright to appoint devolves on his superior. These exceptions are known as extraordinary collations. From the eleventh century, extraordinary collations by thepope became more and more common, usually taking the form ofmandata de providendo, literœ expectativœ, and reservations. Themandata de providendo were intended to give to the cleric named therein aright to a benefice already vacant in thediocese of thebishop to whom the mandate was directed.Literœ expectativœ were similarpapal interventions in regard todiocesan benefices, but affected benefices not yet vacant, the recipient of the letter being given a claim on a benefice as soon as it should be at the disposal of thebishop. These two methods of extraordinary collation were not productive ofhappy results; they proved to be prejudicial to episcopal authority; they were taken advantage of by unworthy aspirants forecclesiastical offices; and at times they werefraudulently obtained and offered for sale. Hence their reprobation by theCouncil of Trent (Sess. XXIV, cap. xix De ref). This animadversion ofTrent was not, it is needless to say, a limitation of anypapal prerogative; its sole purpose being to forestall possible abuses on time part of petitioners for favours from theHoly See. Reservations are still in operation, and consist in this, that thepope reserves to himself in specified cases the collation of certaindiocesan benefices. After serving for centuries as acause of much controversy, they were finally regulated bylaws defining accurately the instances in which collation was to be reserved to thepope. One of the most important reservations which may serve as an example is contained in the ninth rule of the Apostolic Chancery (see APOSTOLIC CHANCERY), which provides that thosediocesan benefices which fall vacant during eight months of the year are to be at the disposal of thepope, but thatbishops who observe thelaw of residence may freely dispose of all benefices vacated during the six alternate months beginning with February. Today reservations are in effect to some extent throughout theChurch; for example, they affect the first dignities in chapters in theProvince of Quebec andcanonries inEngland; butItaly is the only country in which they are in full operation. Apart from cases provided for in reservations, thepope rarely, if ever, exercises his right of extraordinary collation. A collation, whether made by thepope or by abishop, is said to be free when it is not conditioned by any act of an elector or of a patron;necessary when it follows election ornomination by competentpersons or presentation by patrons. In many countries,concordats have secured to the representatives ofcivil authority an important part in appointments to benefices. Thus inBavaria the king nominates to allarchiepiscopal andepiscopal sees; and a similar right has been granted to the Emperor ofAustria and to the King ofPortugal; inHanover the chapter, before proceeding to the election of abishop, must allow the Government to cancel the names of those candidates whom it judges unacceptable. Secular intervention in the collation of minor benefices varies from the royalnomination of the King ofPortugal to the governmentalexequatur required by Italian law. The interests of religion are safeguarded by the canonical requirement that in every case the candidate must be confirmed byecclesiastical authority before he can lawfully begin his incumbency. (For abuses in the collation of benefices, see PATRONAGE,COMMENDATORY ABBOTS,INVESTITURES.)

Condition of collation

In order that benefices may the more effectually fulfill the purposes for which they were instituted, variouslaws have been enacted governing the act of collation. Whether the collation be free ornecessary it must always be gratuitous, to avoidsimony; free, that is without coaction; unconditional; public, so that it may be readilyproved; and granted within six months from thedate of vacancy. Moreover no benefice can be conferred before it is vacant, nor can seculars receive the benefices of regulars, nor regulars those which are secular in character. Plurality of benefices also is forbidden. This last regulation was introduced very early in the history of benefices to assure the faithful execution of the trust attached toecclesiastical foundations, as well as to guard against the evils which follow luxury; but in the course oftime its effectiveness was considerably diminished by a distinction drawn between compatible and incompatible benefices. It was claimed that a benefice which does not require residence is perfectly compatible with one which does, and also that several simple benefices might very properly be held at the same time. This view held sway down to the time of theCouncil of Trent, which ordained that the possession of more than one benefice is lawful only when the first benefice obtained does not suffice for the support of the incumbent, and that in no case should both be residential. TheHoly See alone can dispense from the observance of thislaw. The act of collation is further conditioned by canons requiring certain qualities in the appointee:

The clerical state and celibacy

Tonsure isnecessary for all benefices, and higher orders must be received by aspirants to important charges; thuscardinals areobliged to receive within the year the order corresponding to their rank in the sacred college;archbishops andbishops must have beensubdeacons for at least six months;parishpriests must receive thepriesthood within a year.

Age

Before theCouncil of Trent a simple benefice could lawfully be conferred on acleric as early as his seventh year, but since that council the recipient of a simple benefice must be in his fourteenth year, and for double benefices the age of twenty-four years completed is always required. A greater maturity is demanded for certain offices, e.g. thirty years completed for the episcopate, and forty years for the post of canon penitentiary.

Character

The appointee must be of legitimate birth and of good reputation, and free from censure and irregularity.

Relative worthiness

In the case of a choice between several candidates for abishopric or for aparish, the collator must appoint the most worthy, i.e. the one who possesses in the highest degree the qualitiesnecessary for a successful discharge of theduties connected with the benefice in question. The same rule applies to prelacies with quasiepiscopaljurisdiction, to the canontheologian and to the canon penitentiary. As to other benefices authorities differ, the preferable opinion maintaining that in all cases the most worthy is to be chosen.

Science

According to a law ofTrent (Sess. VII, c. xiii, De ref.) no one can be collated to a benefice unless his fitness has been demonstrated in an examination conducted by the ordinary. In the case ofparochial benefices, this examination must take the form of a concursus. (SeeCONCURSUS.) For some appointments the possession of a degree intheology or in canon law is demanded, as evidence of requisite learning; abishop must be a doctor or a licentiate in canon law or intheology, or have the public testimony of auniversity as to his fitness to teach others; anarchdeacon also must be a doctor or a licentiate in canon law or intheology; and similar qualifications are demanded for other offices. TheHoly See, is, at the present time, insisting that thelaw concerning degrees be faithfully observed.

Extraordinary requirements

These may be imposed by the articles of foundation or by secular law. Founders of benefices are given a great deal of liberty in attaching conditions to the act of collation, provided that these conditions be approved byecclesiastical authority. In consequence, it happens at times that only members of a certainfamily or citizens of some town or city are eligible, or even, in some few instances,persons of noble birth. More onerous, and not always acceptable to the church, is the interference ofcivil authorities in the matter of collation. In many places only aperson declared acceptable to the Government, or a citizen, or a native, or one who swears fidelity to the Government at the time of appointment, or who receives the royalexequatur, can hope to be collated. InPortugal and inBavaria, the permission of the Government isnecessary forordination, and without this permission, which is given after an examination bysecular authorities, acleric is incapacitated for benefices in these two kingdoms. TheBavarian law also contains the curious provision that no subject is to enter the German College atRome so long as it is conducted by theFathers of the Society of Jesus, or by any similar order, and that all who contravene this ordinance are to be considered aspersonœ non gratœ to the Government and excluded from all benefices and posts at its disposal.

Obligations

All beneficedclerics are bound to make a profession offaith within two months from thedate of taking possession, to perform faithfully theduties pertaining to their charge, to recite thecanonical hours, and if the benefice held be double, to reside in the place in which their benefice is located. Violation of thelaw of residence is punished by loss of revenues during the time of absence, and if persisted in, by privation.

Vacancy

The tenure of the incumbent of a benefice is perpetual, in the sense that it can be terminated only by death or for causes specified in thelaw. It is provided in thelaw that in the event of certain acts vacancy shall occuripso facto; as when the incumbent marries or attempts marriage, when he takes solemnvows in areligious order, when he violates the canon forbidding plurality, when he fails to receive within the prescribed time thenecessaryordination, when he obtains episcopalconsecration, when he is guilty of any crime to which penalty of deprivation is expressly attached. In other cases deprivation follows a judicial process, instituted in virtue oflaws authorizing thebishop to punish certain offences in this manner. Moreover acleric has theright to resign his benefice provided the resignation be offered freely and for just reasons, and be accepted by a competent superior, and he may also, with certain conditions, exchange benefices with another incumbent.

Revenues

The holder of a benefice is not the owner of the foundation from which he derives his support; he occupies in reference to it the position of a tutor or guardian who must defend its interests. His chiefduty is to maintain it as a perpetual means of support forministers of religion. Its fruits or revenues, however, belong to him, but with theobligation of devoting topious causes, and especially to the relief of thepoor, all that is not needed for his own support. Formerly, this superfluous revenue could not be disposed of by will, but a universal custom has long since authorized such testamentary disposal, provided it be made in favour ofpious causes or of the poor. In fact, in most places on account of the difficulty of distinguishing acleric's patrimonialproperty from his beneficiary revenue, the right is recognized to dispose freely by will of allproperty. (SeeJUS SPOLII.)

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