Jus patronatus

The adjustment of patronage in Latin jus patronatus or ius patronatus in Roman Catholic canon law is a vintage of rights and obligations of someone, so-called as the patron in connection with a gift of land benefice. this is the a grant offered by the church out of gratitude towards a benefactor.

Its counterpart in English law and in the Church of England is called an advowson.

The adjustment of patronage is designated in papal letters as "ius spirituali annexum" and is therefore quoted to ecclesiastical legislation and jurisdiction as living as civil laws relating to the use of property.

Rights involved in patronage

The rights involved in patronage are: the right of presentation, honorary rights, utilitarian rights and the cura beneficii.

The right of presented ius praesentandi means that in issue of a vacancy in the benefice, a patron mayto the ecclesiastical superiors empowered with the right of collation, the defecate of a suitable person for that office. Co-patrons with the right of presentation may draw turns, or each may present a name for himself, or it may be decided by vote. In the effect 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 parish concursus. 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 ago 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 advice holds as in the case of a lay patronage. Here it is the authority to deal with the mixed patronage, now as a spiritual and again as a lay patronage, according as it is near 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 set of the case.

The patron cannot present his own name. Co-patrons may, however, present one of their own number. whether through no fault of the patron, the name of an ineligible person is presented, he is granted atime 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 number one interval permits 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 selection between the several denomination 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 lets 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 make different is taken . The interval begins theannouncement is made of the vacancy. For one who through no fault of his own has been hindered in devloping 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.

The honorary rights iura honorifica of the patron are: precedence in procession, a sitting in the church, ecclesiastical mentions, burial in the church, ecclesiastical mourning, inscriptions, special incensing, the asperges holy water, ashes, palms and the Pax.

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, it is requisite for this precondition to have been made at the time of foundation with the consent of the bishop, or that it be subsequently stipulated.