Gaining A Right of Patronage
A right of patronage is originally acquired by foundation, privilege or prescription:
- Under foundation (fundatio) in the broader sense is included the granting of the necessary means for the erection and maintenance of a benefice. Thus, granting that a church is necessary to a benefice, three things are requisite: the assignment of land, the erection of the church at one's private expense (aedificatio), and the granting of the means necessary for the support of the church and beneficiaries (dotatio). If the same person fulfills all three requirements, he becomes ipso jure patron, unless he waives his claim. Different persons performing these three acts become co-patrons. It is an accepted theory that one who is responsible for only one of the three acts mentioned, the other two conditions being fulfilled in any manner whatsoever, becomes a patron. It is possible to become a patron also through the reœdiftatio ecclesiœ (rebuilding a church) and redotatio beneficii.
- A second manner in which a patronage may be acquired is through papal privilege.
- A third is by prescription.
Derivatively, a patronage may be obtained through inheritance (which case a patronage may easily become a co-patronage; by presentation), in which a lay patron must have the sanction of the bishop if he desires to transfer his right to another layman, but an ecclesiastic requires the permission of the pope to present it to a layman, or that of the bishop to give it to another ecclesiastic
An already existing right of patronage may be acquired by exchange, by purchase, or by prescription. In exchange or purchase of a real patronage the price of the object in question may not be raised in consideration of the patronage; the right of patronage being a ius spirituali annexum, such a thing would be simony.
A ruler of a country may acquire the right of patronage in any of the three ways mentioned but does not automatically have the right of patronage.
Read more about this topic: Jus Patronatus
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