HOME CHAT NAB PRAYERS FORUMS COMMUNITY RCIA MAGAZINE CATECHISM LINKS CONTACT
 CATHOLIC ENCYCLOPEDIA  A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 CATHOLIC SAINTS INDEX  A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 CATHOLIC DICTIONARY  A B C D E F G H I J K L M N O P Q R S T U V W X Y Z


Home
 
Bible
 
Catechism
 
Chat
 
Catholic Encyclopedia
 
Church Fathers
 
Classics Library
 
Church Documents
 
Discussion
 
Mysticism
 
Prayer
 
Prayer Requests
 
RCIA
 
Vocations
 
Ray of Hope
 
Saints
 
Social Doctrine
 
Links
 
Contact
 







Privilege of Competency



(Lat. Privilegium Competentiœ)

(1) The competency of a cleric means his right to proper sustenance. When a parochial church has been incorporated with a collegiate institution or monastery and a vicar has been appointed to the cure of souls in the parish, the possessors of the benefice are obliged to give him the needful salary. Nor can the right to this competency be done away with by agreement. If a private contract be made by which a less sum is to be accepted, it will not bind the successor of the contracting vicar. Even if the contract be approved by public authority, it is not binding unless an amount sufficient for the proper support of the pastor be stipulated. The right to competency also has place when several simple benefices are united with a parish church. If the endowment is not sufficient for the necessary number of pastors, then recourse is to be had to firstfruits, tithes, and collections among the parishioners (Council of Trent, Sess. XXIV, c. xiii, de Ref.). It is the duty of the bishop to see that those who have the care of souls be provided with proper support. By the privilege of competency, the goods of a cleric, burdened with debt, cannot be attached or sold without leaving him sufficient means of support (Cap. 3, x., III, 23). A cleric loses this privilege, however, if he fraudulently contracts unnecessary debts, in abuse of the privilege. The civil law in some countries recognizes this right of competency. In Austria, while the property of a benefice cannot be attached, the revenues can, but only to such an extent that at least 300 or 210 florins, according to the rank of the benefice, must remain intact. In Germany, whatever is necessary for exercising the ministry is free from attachment. The civil laws of the United States and Great Britain make no exception for clerics.

(2) The term competency is also used for the sum total of the rights belonging to any ecclesiastical dignitary, as of the pope, bishops, etc. Objectively, such competency is determined by the various functions to which it extends, such as ordination, matrimony, and so forth.

AICHNER, Compend. Jur. Eccl. (Brixen, 1895); FERRARIS, Biblioth. Prompta Canon. (Rome, 1886), II; LAURENTIUS, Instit. Jur. Eccl. (Freiburg, 1903).

WILLIAM H. W FANNING.








Copyright ©1999-2016 e-Catholic2000.com