INCORPORATION OF BENEFICES. — This is one of the possible innovations in benefices and properly consists in the union called minus principalis, perpetual, of a benefice with another juridical person.
It differs from simple union, because the latter, strictly speaking, takes place when two or more benefices are joined together. The institution of the i. of b. can be traced back to the 9th century.
Since, however, abuses were not lacking, the Council of Constance first (sess. 43, chap. 2) and the Council of Trent afterward (sess. 24, chap. 13 de ref.), having subjected already effected i. of b. to the review of the individual Ordinaries, decreed that henceforth any union or incorporation of parishes with monasteries or abbeys, with dignities and prebends of the cathedral or collegiate church, etc., should be reserved to the Holy See (cf. can. 1425 of the CIC).
The aforementioned canon distinguishes a twofold incorporation: 1) only in temporal matters; 2) pleno iure.
In the first case, that is, if, for example, a parish is joined to a religious house only in what concerns temporal matters, the religious house participates only in the revenues of the parish, and the superior must present a secular priest to the Ordinary, assigning him a suitable income. If, on the other hand, it is a pleno iure union, the superior appoints a religious, the bishop approves him, and the person appointed, under the superior’s authority, assumes the care of souls (the cited canon).
The competent authority is solely the Holy See if it is a question of a religious benefice to be incorporated into a secular one, and vice versa (can. 1423 § 3). In the case of unions of parishes with religious houses, it is the practice of the S. Congregation of the Council to require an agreement between the Ordinary of the place and the respective religious house, in which the boundaries of the parish, the number of religious, the endowment, etc., are determined. And a union of this kind is granted ad nutum S. Sedis. The Holy See is also competent exclusively when it concerns consistorial or reserved benefices, because they are expressly removed from the competence of the Ordinaries of the place (can. 1423 § 2 and 1424). The Ordinary of the place, but not the vicar general or capitular, without a special mandate, is competent in the cases provided for by can. 1423 § 1.
For the i. of b., a just cause is required ad validitatem (can. 1428 § 2), such as the necessity or great usefulness of the Church. In view, moreover, of the wording of can. 105, the consultation of the cathedral Chapter (whereas its consent was once required) and of the interested parties is probably still required ad valorem. The authentica scriptura (can. 1428 § 7) is required ad sollemnitatem actus (cf. also can. 159).
To prevent a plurality of benefices from being in the hands of one and the same person appointed, the Ordinary of the place must proceed to unions that are perpetual (can. 1423 § 3).
An appeal may be lodged with the Holy See against the decree of the Ordinary, but only in devolutivo (can. 1428 § 3). Finally, incorporation falls among the cases provided for by art. 4 of the law of 27 May 1928, no. 848, concerning the recognition of civil effects for every substantial alteration of the benefice.