Canonical provision

In the canon law of the Catholic Church, canonical provision is the regular induction into a benefice.

Analysis

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.

History

In England, since a charter of 1214, bishops had been appointed by free canonical election of cathedral chapters. 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. 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.