Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
''jus patronatus'' or ''ius patronatus'') in Roman Catholic canon law is a set of rights and obligations of someone, known as the
patron
Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows on another. In the history of art, art patronage refers to the support that princes, popes, and other wealthy and influential people ...
in connection with a gift of land (
benefice
A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by ...
). It is a grant made by the church out of gratitude towards a benefactor.
Its counterpart in
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
and in the
Church of England
The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
is called an
advowson
Advowson () or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop (or in some cases the ordinary if not the same person) a nominee for appointment to a vacant ecclesiastical benefice or church living, a ...
.
The right of patronage is designated in papal
letters
Letter, letters, or literature may refer to:
Characters typeface
* Letter (alphabet), a character representing one or more of the sounds used in speech or none in the case of a silent letter; any of the symbols of an alphabet
* Letterform, the g ...
as ''"ius spirituali annexum"'' and is therefore subject to
ecclesiastical
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The right of presentation (''ius praesentandi'') means that in case of a vacancy in the benefice, a patron may propose to the ecclesiastical superiors empowered with the right of collation, the name of a suitable person for that office. Co-patrons with the right of presentation may take turns, or each may present a name for himself, or it may be decided by vote. In the case of juridical persons the presentation may be made according to statute, or by turns, or by decision of the majority. The drawing of lots is excluded.
With regard to the one to be presented, in the case of a benefice involving the
cure of souls
''The Book of Pastoral Rule'' (Latin: ''Liber Regulae Pastoralis'', ''Regula Pastoralis'' or ''Cura Pastoralis'' — sometimes translated into English ''Pastoral Care'') is a treatise on the responsibilities of the clergy written by Pope Gregory ...
, the ecclesiastical patron must choose from among the candidates for presentation the one he believes the most suitable, judging from the
parish concursus
A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one or ...
. The lay patron has only to present the name of a candidate who is suitable in his opinion. In case this candidate has not passed the parish concursus, he must undergo an examination before the synodal examiners.
In the case of a mixed patronage, the rights of which are exercised in common by an ecclesiastical and a lay patron, the same rule holds as in the case of a lay patronage. Here it is the rule to deal with the mixed patronage, now as a spiritual and again as a lay patronage, according as it is most pleasing to the patrons. If the prerogatives of the mixed patronage are exercised in turn, however, it is considered as a spiritual or a lay patronage, as suits the nature of the case.
The patron cannot present his own name. Co-patrons may, however, present one of their own number. If through no fault of the patron, the name of an ineligible person is presented, he is granted a certain time of grace to make a new presentation. If, however, an ineligible person has been knowingly presented, the spiritual patron loses for the time being the right of presentation, but the lay patron, so long as the first interval allowed for presentation has not expired, may make an after-presentation. Thus the presentation of the spiritual patron is treated more after the manner of the episcopal collation. On that account the spiritual patron is not permitted an after-presentation or a variation in choice, which is permitted the lay patron, after which the bishop has the choice between the several names presented.
A presentation may be made by word of mouth or in writing. But under penalty of nullity all expressions are to be avoided which would imply a bestowal of the office. A simoniacal presentation would be invalid.
The time allowed for presentation is four months to a lay patron, and six to a spiritual patron; six months is stipulated for a mixed patronage when exercised in common, four or six months when turn is taken . The interval begins the moment announcement is made of the vacancy. For one who through no fault of his own has been hindered in making a presentation, the time does not expire at the end of the period mentioned. When his candidate has been unjustly rejected by the bishop, the patron may appeal, or make an after presentation.
Honorary rights
The honorary rights (''iura honorifica'') of the patron are: precedence in procession, a sitting in the church,
prayers
File:Prayers-collage.png, 300px, alt=Collage of various religionists praying – Clickable Image, Collage of various religionists praying ''(Clickable image – use cursor to identify.)''
rect 0 0 1000 1000 Shinto festivalgoer praying in front ...
and
intercession
Intercession or intercessory prayer is the act of prayer, praying on behalf of others, or Intercession of saints, asking a saint in heaven to pray on behalf of oneself or for others.
The Apostle Paul's exhortation to Saint Timothy, Timothy speci ...
burial
Burial, also known as interment or inhumation, is a method of final disposition whereby a dead body is placed into the ground, sometimes with objects. This is usually accomplished by excavating a pit or trench, placing the deceased and objec ...
in the church, ecclesiastical mourning, inscriptions, special incensing, the
asperges
Asperges is the rite of sprinkling a congregation with holy water. The name comes from the first word in the 9th verse of Psalm 51 (Psalm 50 in the Vulgate and Septuagint) in the Latin translation which is sung during the traditional form of t ...
The utilitarian rights (''iura utilia'') of the patron consist essentially in that insofar as he is a descendant of the founder he is entitled to a maintenance allowance the superfluous funds of the church connected with the patronage if he has no other means to support himself. To draw any other material advantages from the church connected with the patronage, as so frequently happened in the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
, it is requisite for this condition to have been made at the time of foundation with the consent of the bishop, or that it be subsequently stipulated.
Duties of patrons
The duty (''iura onerosa'') of the patron is, in the first place, the ''cura beneficii'', the care to preserve unimpaired the status of the benefice and the conscientious discharge of the obligations connected therewith. He must not, however, interfere in the administration of the property of the benefice or the discharge of the spiritual duties on the part of the holder of the benefice. This cura beneficii entitles the patron to have a voice in all changes in the benefice and the property belonging to it. Again, on the patron is incumbent the defensio or the advocatia beneficii. In the present administration of justice however, this obligation has practically disappeared. Lastly, the patron has the subsidiary duty of building.Trent, Sess. XXI, "de ref.", c. vii,
End of a right of patronage
The right of patronage lapses at the suppression of the subject or object. If the church connected with the patronage is threatened with total ruin, or the endowment with a deficit, if those first bound to restore it are not at hand, the bishop is to exhort the patron to rebuild (reædificandum) or renew the endowment (''ad redotandum''). His refusal forfeits him the right of patronage, at least for himself personally. Furthermore, the right of patronage is lost upon express or tacit
renunciation
Renunciation (or renouncing) is the act of rejecting something, particularly something that the renunciant has previously enjoyed or endorsed.
In religion, renunciation often indicates an abandonment of pursuit of material comforts, in the inte ...
. And lastly, it lapses in cases of
apostasy
Apostasy (; ) is the formal religious disaffiliation, disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous re ...
,
heresy
Heresy is any belief or theory that is strongly at variance with established beliefs or customs, particularly the accepted beliefs or religious law of a religious organization. A heretic is a proponent of heresy.
Heresy in Heresy in Christian ...
,
schism
A schism ( , , or, less commonly, ) is a division between people, usually belonging to an organization, movement, or religious denomination. The word is most frequently applied to a split in what had previously been a single religious body, suc ...
, simoniacal alienation, usurpation of the ecclesiastical jurisdiction over the patronal church or appropriation of its goods and revenues,
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
or
mutilation
Mutilation or maiming (from the ) is Bodily harm, severe damage to the body that has a subsequent harmful effect on an individual's quality of life.
In the modern era, the term has an overwhelmingly negative connotation, referring to alteratio ...
of an ecclesiastic connected with the church.
In 1917 there was an effort to limit and decrease the number of patrons. In pursuit of this goal, Canon 1450 of the Canonical Codex Juris forbade the creation of any new privileges, while Canon 1451 recommends that the ordinaries encourage patrons to renounce the privilege in exchange for spiritual favor.
See also
*
Patronage in ancient Rome
Patronage (''clientela'') was the distinctive relationship in Social class in ancient Rome, ancient Roman society between the ''patronus'' ('patron') and their ''cliens'' ('client'). Apart from the patron-client relationship between individuals, ...