Statute of Provisors
Encyclopedia
The English statute
usually called Statute of Provisors is the 25th of Edward III, St. 4 (1350-1), 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.
It was repealed by the Statute Law Revision Act 1948
.
(1227–41) pronounced against the propriety of such provisions as interfered with the rights of lay patrons. And Pope Innocent IV expressed, in 1253, general disapprobation of these nominations.
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 economically to the community in general. The holy church of England, "seinte 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 this 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 evils had been dealt with by a Statute of Edward I of England
(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" (Notre seinte piere le Pape), still reserves to his collation 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.
s shall have free collation and presentment, and that attempted reservation, collation, 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 parliament of 1400-1, the Statute 2 Henry IV, c. 3, c. 4.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
usually called Statute of Provisors is the 25th of Edward III, St. 4 (1350-1), 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
Roman Curia
The Roman Curia is the administrative apparatus of the Holy See and the central governing body of the entire Catholic Church, together with the Pope...
, concerning filling of ecclesiastical benefices.
It was repealed by the Statute Law Revision Act 1948
Statute Law Revision Act 1948
The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom.Section 5 and Schedule 2 authorised the citation of 158 earlier Acts by short titles....
.
Background
The Pope claimed the right to temporarily suspend the right of the patron, and nominated on his own authority, a successor to the vacant benefice. The papal nominee was then called a provisor. The resulting possession by Italians of church property in England provoked serious resistance. Pope Gregory IXPope Gregory IX
Pope Gregory IX, born Ugolino di Conti, was pope from March 19, 1227 to August 22, 1241.The successor of Pope Honorius III , he fully inherited the traditions of Pope Gregory VII and of his uncle Pope Innocent III , and zealously continued their policy of Papal supremacy.-Early life:Ugolino was...
(1227–41) pronounced against the propriety of such provisions as interfered with the rights of lay patrons. And Pope Innocent IV expressed, in 1253, general disapprobation of these nominations.
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 economically to the community in general. The holy church of England, "seinte 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 this 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 evils had been dealt with by a Statute of Edward I of England
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
(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" (Notre seinte piere le Pape), still reserves to his collation 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.
Statutes
The Statute of 1350 enacts that elections of bishops shall be free, that owners of advowsonAdvowson
Advowson is the right in English law of a patron to present or appoint a nominee to a vacant ecclesiastical benefice or church living, a process known as presentation. In effect this means the right to nominate a person to hold a church office in a parish...
s shall have free collation and presentment, and that attempted reservation, collation, 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 parliament of 1400-1, the Statute 2 Henry IV, c. 3, c. 4.