The institutio corporalis, also called investitura, or installatio, is the putting of a titular in effective possession of his benefice. Whereas canon law permits a bishop to put himself in possession of his benefice (see canonical provision), in the case of minor benefices it requires an actual installation by a competent authority. The bishop may punish any one who takes possession of a benefice on his own authority, and the violent occupation of a benefice in possession of another ecclesiastic entails on the guilty party the loss of all right to that benefice. The right of installation formerly belonged to archdeacons, but is now reserved to the bishop, his vicar-general, or his delegate, ordinarily the dean (decanus christianitatis or foraneus). It is performed with certain symbolical ceremonies, determined by local usage or by diocesan statutes, such, for instance, as a solemn entry into the parish and into the church, the handing over of the church keys, a putting in possession of the high altar of the church, the pulpit, confessional, etc. In some countries there is a double installation: the first by the bishop or vicar-general, either by mere word of mouth, or by some symbolical ceremony, as, for instance, presenting a biretta; the second, which is then a mere ceremony, taking place in the parish and consisting in the solemn entry and other formalities dependent on local custom. In some places custom has even done away with the institutio corporalis properly so called; the rights inherent to the putting in possession are acquired by the new titular to the benefice by a simple visit to his benefice, for instance, to his parish, with the intention of taking possession thereof, provided such visit is made with the authority of the bishop, thus precluding the possibility of self-investiture. When the pope names the titular to a benefice, he always mentions those who are to put the beneficiary in possession.
The following are the effects of the institutio corporalis:
- From the moment he is put in possession the beneficiary receives the revenues of his benefice.
- He enjoys all the rights resulting from the ownership and the possession of the benefice, and, in particular, it is from this moment that the time necessary for a prescriptive right to the benefice counts.
- The possessor can invoke in his favour the provisions of rules 35 and 36 of the Roman Chancery de annali, and de triennali possessione. This privilege has lost much of its importance since the conferring of benefices is now a matter of less dispute than in former times. Formerly, on account of various privileges, and the constant intervention of the Holy See in the collation of benefices, several ecclesiastics were not infrequently named to the same benefice. Should one of them happen to have been in possession of the benefice for a year, it would devolve on the rival claimant to prove that the possessor had no right to the benefice; moreover, the latter was obliged to begin his suit within six months after his nomination to the benefice by the pope, and the trial was to be concluded within a year counting from the day when the actual possessor was cited to the courts (rule 35 of the Chancery). These principles are still in force. The triennial possession guaranteed the benefice to the actual incumbent in all actions in petitorio or in possessorio to obtain a benefice brought by any claimant whatsoever (rule 36 of the Chancery).
- The peaceful possession of a benefice entails ipso facto the vacating of any benefices to which the holder is a titular, but which would be incompatible with the one he holds.
- It is only from the day when bishops and parish priests enter into possession of their benefices that they can validly assist at marriages celebrated in the diocese or in the parish. Furthermore, in some dioceses the statutes declare invalid any exercise of the powers of jurisdiction attached to a benefice, before the actual installation in the benefice.
Read more about this topic: Canonical Institution