Online Encyclopedia

Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.

PROVISION (Lat. provisio)

Online Encyclopedia
Originally appearing in Volume V22, Page 516 of the 1911 Encyclopedia Britannica.
Spread the word: del.icio.us del.icio.us it!

See also:

PROVISION (See also:Lat. provisio) , a See also:term meaning strictly the See also:act of providing, or anything provided, especially in respect of See also:food (provisions) or other necessaries. In constitutional See also:law it signifies the act by which an ecclesiastical See also:office or See also:benefice is conferred by a See also:person having competent authority for the purpose; and the word is specially used of appointments made by the See also:pope in derogation of the rights of ecclesiastical patrons. See also:Innocent III. (1198–1216) seems to have been the first pope who directed prelates to collate his nominees to canonries and other benefices, but it was during the pontificate of Innocent IV. (1243–1254) that the practice first assumed alarming proportions. Vigorous protests were then made in See also:England and See also:France against the large number of papal provisions in favour of non-See also:resident See also:Italian clerks. These protests were not without effect for a while; but the popes, finding it impossible to carry on the See also:work of See also:government without this means of rewarding their servants, soon began to show little regard to See also:national protests. The See also:English See also:parliament held at See also:Carlisle in 1307 petitioned the See also:king for a remedy against this abuse, but though he promised redress nothing was done. Meanwhile the popes had been asserting claims to appoint bishops in certain events on their own initiative, and at last See also:Clement V. (1305–1313) reserved to himself the right of See also:appointment in all cases. After his See also:time there is scarcely an instance of an English See also:bishop being elected in accordance with the older See also:procedure by the See also:cathedral See also:chapter. If an See also:election were made the pope usually either overrode it by another appointment or, ignoring the election, appointed the elected clerk by a See also:bull of provision.

The See also:

Hundred Years' See also:War caused an outburst of indignation against the use of papal See also:pro-visions, whether to the canonries and collative offices or to bishoprics. The popes had taken up their See also:residence at See also:Avignon and had become See also:mere creatures of the See also:kings of France. The English See also:nobility and gentry were See also:bitter at seeing vast sums of See also:money pass out of the See also:country into the hands of their enemies. To remedy the evil the first See also:Statute of Provisors was enacted in 1351. It declared that the See also:free elections of bishops and other dignitaries should take See also:place in accordance with the See also:ancient practice; that bishops and ecclesiastics should have free presentations to benefices and offices in their See also:gift; that in the event of any provision being made by the pope the king should have the same right of See also:collation as his progenitors had before they granted free election; and similarly where the pope provided to a benefice or office in the gift of See also:secular or See also:regular See also:clergy the king was to have the collation for that occasion. Provisors who interfered with the rights of the king or See also:patron were liable to See also:arrest and imprisonment on conviction. The act was supplemented in 1353 by the first Statute of See also:Praemunire, by which appeals outside the See also:realm were prohibited and persons who offended were made liable to See also:outlawry. This legislation against papal provisions was See also:anti-clerical rather than anti-papal. There are no signs that it was promoted by the English clergy, who seem to have accepted the claim of the popes to See also:control their patronage. In spite of the statutes the popes still continued, as the papal registers show, to make provisions to English benefices and offices, and it is evident that the statutes were not enforced. The Statute of Provisors was confirmed by a second statute in 1364, but this again seems to have had little effect. Attempts were made to establish a See also:concordat on the subject between the king and pope; its terms, however, were all in favour of the latter.

At last, in 1389, a third Statute of Provisors was enacted which provided that the statute of 1351 should be firmly See also:

holden for ever and " put in due See also:execution from time to time in all manner of points." The new statute was carried into effect as regards canonries and benefices; but, until the See also:Reformation, bishops were nominally appointed by a papal bull of provision. The person appointed, however, was usually nominated by the king, and the bull was not issued without his consent.

End of Article: PROVISION (Lat. provisio)

Additional information and Comments

There are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click, and select "copy." Then paste it into your website, email, or other HTML.
Site content, images, and layout Copyright © 2006 - Net Industries, worldwide.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.

Links to articles and home page are always encouraged.

[back]
PROVINS
[next]
PROVISIONAL ORDER