In the canon law of the Catholic Church, canonical provision is the regular induction into a benefice.
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In the canon law of the Catholic Church, canonical provision is the regular induction into a benefice.
It comprises three distinct acts - the designation of the person, canonical institution, and installation. In various ways a person may be designated to fill a vacant benefice: by election, postulation, presentation, or recommendation, resignation made in one's favour, or approved exchange. In all cases confirmation by the proper ecclesiastical superior of the selection made is required, while letters of appointment, as a rule, must be presented.
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 prelacy. Ordinarily greater benefices are conferred by the pope; minor benefices by the bishop, who as a rule has the power of appointing to all benefices in his diocese. The pope, however, owing to the fullness of his jurisdiction, may appoint to any benefice whatsoever.
In England, since a charter of 1214, bishops had been appointed by free canonical election of cathedral chapters. [1] Therefore in the thirteenth century, it was unusual for a bishop to be appointed by papal provisions, however by the fourteenth century it had become much more common. [2] When the Hundred Years War between France and England started in 1337, the papal court sat in Avignon and favored France, so relations between England and the papacy became increasingly tense. The pope filled many of the English vacancies with his own appointees. These appointees did not reside in England, but collected revenues from their benefices anyway. When some of these revenues found their way into the French royal treasury, many Englishmen complained to Parliament about the abuse, and an English statute (Statute of Provisors) was enacted in 1351 to prevent the pope from exercising several of his prerogatives. Similar enactments were made in 1390 and in later years. [3] These statutes were finally repealed by the Statute Law Revision Act 1948.
At present, the Pope makes use of this right only in certain defined circumstances. The bishop's power is further restricted at times to confirming an election or postulation; 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 presentation 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, is 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.
The First Council of the Lateran was the 9th ecumenical council recognized by the Catholic Church. It was convoked by Pope Callixtus II in December 1122, immediately after the Concordat of Worms. The council sought to bring an end to the practice of the conferring of ecclesiastical benefices by people who were laymen, free the election of bishops and abbots from secular influence, clarify the separation of spiritual and temporal affairs, re-establish the principle that spiritual authority resides solely in the Church and abolish the claim of the Holy Roman Emperor to influence papal elections.
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The Investiture Controversy, also called Investiture Contest, was a conflict between the Church and the state in medieval Europe over the ability to choose and install bishops (investiture) and abbots of monasteries and the pope himself. A series of popes in the 11th and 12th centuries undercut the power of the Holy Roman Emperor and other European monarchies, and the controversy led to nearly 50 years of conflict.
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An enthronement is a ceremony of inauguration, involving a person—usually a monarch or religious leader—being formally seated for the first time upon their throne. Enthronements may also feature as part of a larger coronation rite.
Annates were a payment from the recipient of an ecclesiastical benefice to the ordaining authorities. Eventually, they consisted of half or the whole of the first year's profits of a benefice; after the appropriation of right of consecration by the Vatican, they were paid to the papal treasury, ostensibly as a proffered contribution to the church. They were also known as the "first fruits", a religious offering which dates back to earlier Greek, Roman, and Hebrew religions.
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Canonical institution is a technical term of the canon law of the Roman Catholic Church, meaning in practice an institution having full recognition and status within the Church.
The English statute usually called Statute of Provisors is the 25th of Edward III, St. 4 (1350–51), otherwise termed "The Statute of Provisors of Benefices", or anciently De provisoribus. This measure was central to a long disagreement between the English kings and the Roman Curia, concerning filling of ecclesiastical benefices.
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This article incorporates text from a publication now in the public domain : Herbermann, Charles, ed. (1913). "Canonical Provision". Catholic Encyclopedia . New York: Robert Appleton Company.