PORTIO PAROCHIALIS. - The p. p. or canonical portion (called "quarta funeraria" before the CIC) is a sum to be deducted from the emolument offered on the occasion of funerals and to be remitted to the parish priest of the deceased, by the church in which the funeral rite is celebrated. While the faithful are indeed permitted to choose the church in which they wish to celebrate the funeral, at the same time an obligation is imposed to pay a certain sum to the parish priest, so that the parish may not suffer detriment from this right (CIC, can. 1236 § 1).
Canonical sources recall from the early Middle Ages the existence of the right of the quarta funeraria (c. 1-4, 8-10 X, III, 28; c. 2, III, 12 in VI; c. 2, III, 7 in Clem.); from them, however, it is deduced that the p. p. was not limited to a fourth part; but, according to local customs, also to a third and a half, and it could even extend to all the oblations offered on the occasion of funerals, except in cases expressly sanctioned by law (c. 20, X, III, 26). A fourth of the funeral portion was devolved to the bishop, a right that was abolished in modern legislation (c. 14, 15, X, III, 263; c. 16, X, I, 31). The CIC speaks only of the p. p. and formulates the following principles concerning it. While particular rights remain in force, when the funeral of the faithful is not celebrated in his own parish church, the p. p. is owed to the parish priest of that church, except in the case where the funeral was celebrated in the parish of death due to difficulty in transporting the body to his own parish church. If the deceased has several parish priests of his own, the p. p. must be divided among all of them in equal parts. This last norm is taken almost verbatim from a decretal of Boniface VIII (c. 2, III, 12 in VI), and therefore its interpretation must be made according to ancient law; the CIC derogates from it, at least partially (cf. cann. 1216, 2; 1218).
Some religious Orders have the privilege of exemption from payment of the p. p.; a privilege that underwent some restriction from the Council of Trent and, for Italy and the adjacent islands, was almost abolished by Benedict XIII. Can. 1236 evidently speaks of legitimate funerals according to the law in force, since in the case of illegitimate funerals all emoluments must be returned. If the faithful has died in a place from which he can with difficulty be transported to his own parish, and the relatives carry out the transport at their own expense, the p. p. is not to be paid to the parish priest of the territory in which the death occurred; if the body is transported to an exempt church, neither the parish priest of his own nor the one in whose territory the death occurred has a right to the p. p.: the exception of can. 1236 is absolute. The p. p. must be deducted from all and only the emoluments that have been established for the funeral and burial: excluded therefore are the candles that associations offer to the church and the alms for the Requiem Mass celebrated on the seventh day or the thirtieth or the anniversary day (Benedict XIII, const. Romanus Pontifex, 28 Apr. 1725). However, if for any reason the solemn funeral Office (solemn Mass and absolution at the grave) is not celebrated immediately, but within the month from the day of burial, the p. p. must be deducted also from this income, even if on the day of burial there were minor offices (can. 1237, 1, 2). If the first funeral Office is held after an entire month has passed, the p. p. cannot be received and the rite may be celebrated in any church.
The amount of the p. p. is not determined by common law, but by diocesan statutes. If the parish church and the church in which the funeral is celebrated belong to different dioceses, the p. p. must be determined according to the rate of the diocese in which the funeral rite is performed (can. 1237, 3). It is forbidden to establish a different p. p. for the churches of seculars and for those of regulars.
Bibliography4 works
Giuseppe Damizia