The right of patronage (in
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
''jus patronatus'' or ''ius patronatus'') in
Roman Catholic canon law is a set of rights and obligations of someone, known as the
patron
Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows on another. In the history of art, arts patronage refers to the support that kings, popes, and the wealthy have provided to artists su ...
in connection with a gift of land (
benefice
A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by ...
). It is a grant made by the church out of gratitude towards a benefactor.
Its counterpart in
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
and in the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
is called an
advowson
Advowson () or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop (or in some cases the ordinary if not the same person) a nominee for appointment to a vacant ecclesiastical benefice or church living, ...
.
The right of patronage is designated in papal
letters
Letter, letters, or literature may refer to:
Characters typeface
* Letter (alphabet), a character representing one or more of the sounds used in speech; any of the symbols of an alphabet.
* Letterform, the graphic form of a letter of the alphabe ...
as ''"ius spirituali annexum"'' and is therefore subject to
ecclesiastical
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The right of presentation (''ius praesentandi'') means that in case of a vacancy in the benefice, a patron may propose to the ecclesiastical superiors empowered with the right of collation, the name of a suitable person for that office. Co-patrons with the right of presentation may take turns, or each may present a name for himself, or it may be decided by vote. In the case 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 cure of souls
Pastoral care is an ancient model of emotional, social and spiritual support that can be found in all cultures and traditions.
The term is considered inclusive of distinctly non-religious forms of support, as well as support for people from rel ...
, the ecclesiastical patron must choose from among the candidates for presentation the one he believes the most suitable, judging from 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 before 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 rule holds as in the case of a lay patronage. Here it is the rule to deal with the mixed patronage, now as a spiritual and again as a lay patronage, according as it is most 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 nature of the case.
The patron cannot present his own name. Co-patrons may, however, present one of their own number. If through no fault of the patron, the name of an ineligible person is presented, he is granted a certain time 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 first interval allowed 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 choice between the several names 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
Simony () is the act of selling church offices and roles or sacred things. It is named after Simon Magus, who is described in the Acts of the Apostles as having offered two disciples of Jesus payment in exchange for their empowering him to imp ...
presentation would be invalid.
The time allowed 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 turn is taken . The interval begins the moment announcement is made of the vacancy. For one who through no fault of his own has been hindered in making 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.
Honorary rights
The honorary rights (''iura honorifica'') of the patron are: precedence in procession, a sitting in the church, prayers
Prayer is an invocation or act that seeks to activate a rapport with an object of worship through deliberate communication. In the narrow sense, the term refers to an act of supplication or intercession directed towards a deity or a deified an ...
and intercession
Intercession or intercessory prayer is the act of praying to a deity on behalf of others, or Intercession of saints, asking a saint in heaven to pray on behalf of oneself or for others.
The Apostle Paul's exhortation to Saint Timothy, Timothy sp ...
s,