Page:Catholic Encyclopedia, volume 12.djvu/581

 PROVINCIAI.

515

PROVINCIAL

congregationa with simple vows, especially congrega- tions of women, into different provinces as a regular institution, and some congregations have no such division.

The provincial is orcUnarily appointed by the provincial chapter, subject to coniirmation by the general chapter: in the Society of Jesus, he is ap- pointed by the general. The "Regulations {Normae) of 18 June, 1901, vest the appointment of the provincial in the general council. The provincial is never elected for life, but ordinarily for three or six years. In religious orders he is a regular prelate, and has the rank of ordinary with quasi-episcopal jurisdiction. He appoints the regular confessors, calls together the provincial chapter, presides over its deliberations, and takes care that the orders of the general chapter and the superior general are properly carried out. He is an ex officio member of the general chapter. His principal duty is to make regular visitations of the houses in his province in the name of the general and to report to the latter on all the religious and the property of the order; his authority over the various houses and local superiors differs in different orders. He has in many cases the right of appointment to the less important offices. At the end of his term of office, the provincial is bound, according to the Constitution "Nuper" of Innocent XII (23 Dec, 1697), to prove that he has complied with all the precepts of that decree concerning masses; if he fails to do so, he loses his right to be elected and to vote in the general chapter. In accordance with the privilege granted to the Society of Jesus, the pro- vincial of a religious order is authorized to approve of oratories set apart for the celebration of Mass in the convents of his order; these oratories may re- ceive the blessing usually given to public oratories, and may not be permanently diverted from their sacred uses except for good reason and with the approval of the provincial. In congregations with simple vows and not exempt, the provincial has no power of jurisdiction. According to the "Regula- tions" of 1901, his duty is also to supervise the financial administration of the provincial procurator and the local superiors.

A. Vermeebsch.

Provincial Council, a deliberative assembly of the bishops of an ecclesiastical province, summoned and presided over by the metropohtan, to discuss ecclesiastical affairs and enact disciplinary regulations for the province. The good government of a society as vast as the Church required grouping of those dio- ceses whose similar interests would gain by common treatment. This led to the organization of ecclesi- astical provinces and so of provincial councils. As long as administrative centraUzation in the great sees was imperfect, and while the general canon law was being slowly evolved, this provincial grouping was very important. The Councils of Nicaea (325, can. v), Antioch (341, can. xx), and others ordered the bishops of each province to meet twice a year; however, even in the East, the law was not long observed; the Coun- cils "in Trullo" (692, can. viii) and Nicaea (787, can. vi) prescribe, but with httle success, only one meeting each year. In the West, except in Africa, and in a certain sense also at Rome, provincial councils were neither frequent nor regular; most of those that were held, and which have left us precious documents, were episcopal assemblies of several provinces or regions. In spite of the frequent renewal of the ancient legislation provincial councils did not become a regu- lar in.stitution. The great Lateran Council (1215) also ordered an annual provincial council, but it was not long obeyed. The Councils of Basle (1433) and Trent also tried to revive the provincial councils, and ordered them to be held at least every three years (sess. XXIV, c. ii), laying down for them a certain

programme. As a result there was, towards the end of the sixteenth century, in Catholic countries, a remark- able series of provincial councils, notably those of Milan, under St. Charles Borromeo; but the move- ment soon waned. Towards the middle of the nine- teenth century there was a fresh series of provincial councils in almost all Catholic countries, but they were never assembled with the punctuality prescribed by the law. Leo XIII authorized Latin America to hold them every twelve years (1897; cf. "Cone, plen.", 1899, n. 283). It must be admitted, however, that modern facilities of communication, and still more the custom of unconventional episcopal reunions or con- ferences, have compensated for the rarity of provincial councils to a large extent.

(1) The metropolitan has the right and the duty of convoking the council; the Council of Trent (cit. c. ii) ortlered it to be convoked, first in the year following its own close, and then every third year at least; if the metropolitan is prevented or the see is vacant, the senior suffragan acts. The time appointed is after the octave of Easter, "or at another more opportune time, according to the usage of the province". It is not necessary to hold the council in the metropolitan city; any town in the pro\-ince may be selected. The penalty of suspension with which the Councils of the Lateran (c. xxv, "De accusat.") and Trent threatened negligent metropohtana has certainly fallen into desuetude.

(2) All those who, "by right or by custom", have the right to assist at the council are to be convoked. These are, first, the suffragan bishops; exempt bishops, immediately subject to the Holy See, must choose, once for all, the metropohtan whose council they will attend, without prejudice to their exemp- tions and privileges. Secondly, those who exercise an external jurisdiction: prelates nullius, vicars capitular or administrators Apostolic of vacant sees, and vicars Apostolic if any. These have the right to take part in the deliberations. The council may allow this also to titular bishops, and the representatives of bishops prevented from attending. The other persons convoked, with a right only to take part in consulta- tions, are non-exempt abbots, deputies of cathedral or even collegiate chapters, superiors of religious insti- tutes, deputies of the universities and rectors of sem- inaries, and lastly the consultors, theologians, and canonists. The persons called to the council are strictly obUged to attend, unless legitimately pre- vented, in which case they must excuse themselves under penalty of censure. Formerly, negligent bish- ops were deprived of communion with their colletigues (cf. can. X, xiii, xiv, Dist. xviii); but this penalty is obsolete. It is not permissible to leave the council before its close without a just and approved reason.

(3) The ceremonies of the provincial council are regulated by the Pontifical (3rd part, "Ordo ad synodum"), and the Ceremonial of the Bishops (lib. I, c. xx.xi); they include in particular the profession of faith. The work of the council is prepared in special commissions or congregations; the decrees are enacted in private or pubUc sessions, and are decided by a majority of the members having a deliberative vote. The metropolitan presides, directs the discussions, proposes the subjects, but he has not a preponderating voice and the bishops can take up whatever matters or proposals they judge fitting. The adjournment or close, generally at a solemn public session, is an- nounced by the metropolitan with the consent of the bishops.

(4) The provincial council is not competent to deal directly with matters of faith, by defining or condemn- ing; yet it may treat of such from a disciplinary point of view: promoting rehgious teaching, pointing out the errors of the day, defending the truth. Its proper sphere is ecclesiastical discipline; to correct abuses, to watch over the observance of laws, espe-