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Provision

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PROVISION, in ecclesiastical law signifies the act by which an office or benefice is conferred by a person having competent authority for the purpose; and the word is specially used of ap pointments made by the pope in derogation of the rights of ecclesiastical patrons. 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. The English parliament held at Carlisle in 1307 petitioned the 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 Clement V. (1305 1313) reserved to himself the right of appointment in all cases. After his time there is scarcely an instance of an English bishop being elected in accordance with the older procedure by the cathe dral chapter. If an election were made the pope usually either

overrode it by another appointment or, ignoring the election, ap pointed the elected clerk by a bull of provision. The Hundred Years' War caused an outburst of indignation against the use of papal provisions when non-resident French clerics were appointed to English benefices. To remedy the evil the first "Statute of Pro visors" was enacted in 1351, the "Statute of Praemunire" in 1353, and a second "Statute of Provisors" in 1364 These appear to have had little effect until in 1389, a third "Statute of Provisors" was enacted which provided that the statute of 1351 should be firmly holden for ever and "put in due execution from time to time in all manner of points." of the Realm; Calendar of Papal Registers; J. Le Neve, Fasti ecclesiae anglicanae; Rolls of Parliament; F. W. Maitland, Canon Law in the Church of England; W. Stubbs, Con st!tutionca History of England; Anglia sacra.