INCORPORATION OF BENEFICES. - It is one of the possible innovations in benefices and properly consists in the union, called minus principalis, perpetual, of a benefice with another moral person.
It differs from simple union, because the latter, strictly speaking, takes place when two or more benefices are united with one another. 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 submitted the i. of b. already made to the revision of the individual Ordinaries, decreed that, for the future, any union or incorporation of parishes with monasteries or abbeys, with dignities and prebends of the cathedral or collegiate church, etc., was reserved to the Holy See (cf. can. 1425 of the CIC).
The aforesaid canon distinguishes a twofold incorporation: 1) only in the temporal; 2) pleno iure.
In the first case, that is, if, for example, a parish is united to a religious house, only in what concerns the temporal, 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 congrua. If, on the other hand, it is a union pleno iure, the superior appoints a religious, the bishop approves him, and the invested person, under his dependence, assumes the care of souls (can. cit.).
The competent authority is only 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 Sacred 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Holy See is also competent only if it is a question of consistorial benefices or benefices reserved because expressly withdrawn from the competence of the local Ordinaries (can. 1423 § 2 and 1424). The local Ordinary, on the other hand, is competent — but not the vicar general or capitular, without a special mandate — 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 the great utility of the Church. Given then the tenor of can. 105, consultation of the cathedral Chapter (at one time its consent was 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).
In order to prevent there being a plurality of benefices in the hands of one and the same invested person, the local Ordinary must proceed to unions that are in perpetuum (can. 1423 § 3).
Against the decree of the Ordinary one may appeal to the Holy See, 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 change of the benefice.
Bibliography3 works
Innocenzo Parisella