Page:Catholic Encyclopedia, volume 12.djvu/582

 PROVISION

516

PROVISORS

ciallv the reform law? of the Couneil of Trent ; to pro- mote the Christian hfe of the clergy and people, to settle disputes, to decide minor differences between bishops, to adopt measures and make suitable regula- tions for all these objects. The decrees of the pro- \'incial councils arc binding on the whole province; each bishop, however, may prudently grant dispensa- tions in his o^\•n diocese, as he is the legislator; but he may not abrogate the decrees of the Council. If the Council deems any derogation from the common law useful, it ought to send a poslulatum to the pope.

(5) Within the limits indicated above, a provincial council is a legislative body whose acts do not require papal confirmation for their validity. It is customary indeed to ask for the pontifical approbation; but the latter is generally given in common form only, so that the decrees continue to be provincial decrees, and can be abrogated by a later council; if, however, the ap- proval is given in specific form, as the Council of Mount Lebanon was approved by Benedict XIV, the decrees acquire a supplementary authority and may not be modified without the papal consent. In any case, the decrees of every provincial council must be re^ed; Sixtus V (1.5S7) so ordered, and the revision was entrusted to the Sacred Congregation of the Council; but in \-irtue of the Constitution "Sapienti" of Pius X (29 June, 1908) the duty now devolves on the Sacred Congregation of the Consistory.

The monographs of Fessler, Ueber d. Provinzialkonzilien und Diozesansynoden (Innsbruck, 1S49) ; Bouix. Du concile provincial (Paris, 1850); Benedict XIV. i>e synotio. The ancient pro\-incial councils have been reproduced in the great collections, those from the Council of Trent up to 1870 are contained in the Colleclio Lacensis (7 vols., Freiburg, 1870—); Taunto.x. The Law 0/ the Church (London, 1906), 531-4.

A. BOTJDINHON.

Provision, Canoxic.\l, a term signifying regular induction into a benefice, comprising three distinct acts — the designation of the person, canonical insti- tution, and installation. In various ways a person may be designated to fill a vacant benefice: by elec- tion, postulation, presentation, or recommendation, resignation made in one's favour, or approved ex- change. In all eases confirmation by the proper ecclesiastical superior of the selection made is required, while letters of appointment, as a rule, must be pre- sented. Reception of administration by a chapter without such letters brings excommunication reserved to the pope, together with privation of the fruits of the benefice; and the nominee loses ipso facto all right to the prelacj'. Ordinarily greater benefices are con- ferred by the pope; minor benefices by the bishop, who as a rule has the power of appointing to all bene- fices in his diocese. The pope, however, owing to the fullness of his jurisdiction, may appoint to any bene- fice whatsoever. These extraordinarj- provisions became common in the eleventh and subsequent cen- turies, and met at times with stern opposition. In 1351 an English statute (Statute of Provisors) was enacted, designed to prevent the pope from exercising this prerogative. Similar enactments were made in 1390 and in later years. At present only in certain defined circumstances does the Supreme Pontiff make use of this right. The bishop's power is further restricted at times to confirming an election or postu- lation; or to approving candidates presented by one who enjoys the right of presentation by privilege, custom, or prescription.

Canonical institution or collation is the concession of a vacant benefice by one who has the authority. If made by the sole right of the prelate, it is free; if made by legal necessity, for example, after due pres- entation or election, or at the command of a superior, it is styled necessary. An ecclesiastical benefice cannot be lawfully obtained without canonical institution.

Installation, called corporal or real institution, ia the induction into the actual possession of a benefice. In the case of a bishop it is known as enthronization

or enthronement. Corporal institution, according to common law, belongs to the archdeacon; by custom to the bishop or his vicar-general. It may take place by proxy; the rite observed depends much on custom. To installation belong the profession of faith and oath, when prescribed. (See Benefice; Institution, Ca- nonical; Installation.)

Andrew B. Meehan.

Provisors, St.^tute of. — The English statute usually so designated is the 2.5th of Edward III, St. 4 (1350-1), otherwise termed "The Statute of Provisors of Benefices", or anciently "Statutu de p'visoribs" or "Lestatut de revacons & pvds".

This was among the statutes incidental to the "long and angrv controversy" [to quote Dr. Lingard, "The History of England"' (London, 1883), III, 349] be- tween the English kings and the Court of Rome con- cerning filling of ecclesiastical benefices by means of papal provisions "by which the Pope, suspending for the time the right of the patron, nominated of his own authority, to the vacant benefice" (op. cit., II, 416), the papal nominee being called a provisor.

The resulting possession by Italians of church liv- ings in England provoked at one period during the tliirteenth century acts of lawless •\'iolence (ilsid.). Pope Gregory IX (1227—41) pronounced against the propriety of such pro'S'isions as interfered with the rights of lay patrons (ibid., 417). And Pope Innocent IV expressed, in 1253, general disapprobation of these nominations (ibid., 419).

From the recitals of "The Statute of Provisors" it appears that the bestowal by the pope of English benefices and ecclesiastical possessions "as if he had been patron or avowee ... as he was not of right by the law of England", and his "accroching to him the seignories" was complained of as not only an illegal injury to the property rights of particular patrons, but also as injurious spiritually and eco- nomically to the community in general. The holy church of England, "scinlc eglise d' Engleterre", was said to have been founded by the sovereigns and the nobles to inform them and the people of the law- of God and also to make hospitalities, alms, and other works of charity in the places where churches were founded, and possessions assigned for such purposes to prelates, religious, and other people of holy church; and these purposes were said to be defeated by tliis granting of benefices to aliens who did not, and to cardinals who might not, live in England "and to others as well aliens as denizens". Certain of the economic e\'ils had been dealt with by a Statute of Edward I (35 Edward I, St. 1, c. 1, 1306-07), forbidding alien priors or governors of a religious house to impose charges or burdens on their houses and forbidding abbots, priors or other religious to send out of the kingdom any tax imposed on them. But the "Statute of Provisors" recites that the evils complained of in the petition leading to this Statute of Edward I still continue, and "that our holy father, the Pope" (Xotre seinte piere le Pape), still reserves to his colla- tion benefices in England, giving them to aliens and denizens and taking first fruits and other profits, the purchasers of benefices taking out of the kingdom a great part of its treasure. The Statute, therefore, enacts that elections of bishops shall be free, that owners of advowsons shall have free collation and presentment, and that attempted reservation, colla- tion, or provision by the Court of Rome shall cause the right of collation to revert to the king.

Later Statutes are 27 Edward III, St. 1, c. 1; 38 Edward III, St. 2; 3 Richard II; 7 Richard II, c. XII; 12 Richard II, c. XV; 13 Richard II, St. 2; 16 Richard II, c. 5, and finally in the parhament of 140O-1, the Statute 2 Henry IV, c. 3, c. 4.

Concerning adverse legislation of the Council of Trent respecting provisions, see Benefice.