Canonical provision
Encyclopedia
Canonical provision is a term of the canon law
of the Roman Catholic Church
, signifying regular induction into a benefice
.
, 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.
) 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 Pope make use of this right. 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.on
. 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.
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, signifying regular induction into a benefice
Benefice
A benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...
.
Analysis
It comprises three distinct acts - the designation of the person, canonical institutionCanonical institution
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.-Benefices:...
, 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.
History
These extraordinary provisions became common in the eleventh and subsequent centuries, and met at times with stern opposition. In 1351 an English statute (Statute of ProvisorsStatute of Provisors
The English statute usually called Statute of Provisors is the 25th of Edward III, St. 4 , otherwise termed "The Statute of Provisors of Benefices", or anciently De provisoribus...
) 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 Pope make use of this right. 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.on
Canonical institution
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
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 enthronementEnthronement
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. This ritual is generally distinguished from a coronation because there is no crown or other regalia that is physically...
. Corporal institution, according to common law, belongs to the archdeacon
Archdeacon
An archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
; 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.