the senate, and of the latter again into proconsular tion. The election or designation confers on the candi-
(virariKai) and praetorian (orparnyiKat), is recognised, date only a right of priority: the complete lawful pos-
more or less distinctly, in the Gospels and the Acts, session can only lie acquired by the canonic confirma-
See Proci t: \ mi:. ( yrenius (Quirinus) was the ijysuwv tion or institution.
of Syria (Luke ii. 2), the word being in this case used for presses or proconsul. Pilate was the fiytfiuv of the sub-province of Judaea (Luke iii. l ; Matt, xxvii, 2, etc, >.
as procurator with the power of a LegatUS; and the same
(2.) There are an ordinary and an extraordinary, a free and an obligatory, a full and a partial provision. ( </) When, as the rule requires, higher functions are confer- red by the pope, lower ones by the bishop, this is called
title is given to his successors, Felix and Eestus I Acts ordinary provision (provisio ordinaria) ; but if by some wiii, 24; xxv, l; xxvi. 30). The governors of the special lawful title, a third person, or by the law of de- senatorial provinces of Cyprus, Achaia, and Asia, on volution the next superior clerical functionary, or in
the other hand, arc rightly described as avSuiraroi, proconsuls (Acts \iii.7: xviii, 12; xix, 38). [n the two former cases the province had been originally an impi -
rial one, but had been transferred Cyprus by Augustus (Dio Cass. 11 v. 1 1. Achaia by Claudius (Sueton. Claud. 25)— to the senate. The arparqyoi of Ads xvi, 22 (A. V. "magistrates"), on the other hand, wire the duumviri, or praetors, of a R an colony. The duty of
consequence of special reservation the pope i- possessed
of the right of collation, this is an extraordinary pro- vision (provisio extraordinaria~). (b) If the ordinary collator is free and bound by no obligation as to the
person ol the nominee, the collation i- free t provisio rive collatio Ii'" ni i ; but if he is bound by the right of desig- nation enjoyed by a third person, the provision is re- stricted, and inasmuch as the collator, if all canonic re-
tin- legati and other provincial gover s to report spe- quirements are met, i- held to admit the proposed per-
cial cases to the emperor is recognised in Acts xxv. 26, son. it is an obligatory one | provisio . i
and furnished the groundwork for the spurious Acta If the collator is entitled to all three acts of a full colla-
PUati. See Pilati . The right of any Koman citizen tion, his right of pro\ ision is called a Full one (jus pro-
to appeal bom a provincial governor to the emperor visionis plenum); but if he enjoys only one or the other
PROVISION
713
PROVISION
of these attributes, he has only a partial right (jus pro- visions minus plenum).
2. Requisites.— An ecclesiastic function can only be bestowed on a person possessing certain qualities, and must be occupied within a certain period and in a ca- nonic way.
(1.) In regard to the qualifications of the candidate, the canons require that he be capable and worthy (ido- neus et dignus); that not only he have an untarnished reputation, but also the required age, the necessary or- ders, and the instruction demanded by the office, (a) The required age varies with the functions. It is an extraordinary rule which, in Hanover, even for simple canonries, requires thirty years of age. (b) The candi- date must belong to the clergy, and, in consequence, must be at least tonsured, and be advanced enough to be able to get the necessary orders within a year (Clem.
c. 2, " De Act. et Qual." i, 6; Cone. Trid. sess. xxii, c. 4, " De Kef."). In ancient law the candidate, if his office required higher orders than those of a subdeacon, could receive a dispensation for seven years, to give him time to complete his scientific education, and the benefice meanwhile might be administered by a vicar (Sext.c. 34, "De Elect." i, 6). The modern law reduces this term to one year, which runs from the day of possession fully obtained (Sext. c. 35, " De Elect." i, 6). If during this period the orders have not been conferred, the benefice is lost, if it is a curacy, eo ipso (Sext. c. 14, xxxv, " De Elect." i, 6), otherwise only after previous warning (c. 7, x, " De Elect." i, 6 ; Sext. c. 22, cod. i, 6) ; but in the lat- ter case the bishop may grant a second dispensation of one year (Cone. Trid. sess. vii, c. 12, " De Kef."). To get into possession of a bishopric, the. elected person or nom- inee must have obtained the subdeaconate six months before his election or nomination (Cone. Trid. sess. xii, c. 2, " De Ref."). Abbots, holders of dignities, and func- tions with which jurisdiction and charge of souls are con- nected must be priests (c. 9, x, " De Act. et Qual." i, 14), and especially in cathedral chapters half at least of the canons must be presbyters (Cone. Trid. sess. xxiv, c. 12, " De Kef."), although in the time of the Council of Trent already many chapters— for instance, those of Cologne, Treves, etc. — were exclusively composed of priests, which is now always the case, (c) The candidate must possess the scientific acquirements required by the of- fice. The Tridentine rule decrees that the bishop must have shown his capacity at some university (or lyceum) as a teacher, or by degrees obtained in theology or canon law, or other academical testimonies (Cone. Trid. sess. xxii, c. 2, " De Ref."). The functions of cathedral scho- lastics, of penitentiaries, and in general of all dignities and half of the canonries, can only be bestowed upon graduates (ibid. sess. xxiii, c. IS , sess. xxiv, c. 8, 12, "De Ref."). For candidates to prebends implying charge of souls (curates, preachers) a trial is instituted, and held by the bishop or his vicar - general and at least three other examiners chosen by the diocesan synod and put under special oath (Cone. Trid. sess. xxiv, c. 18, " De Ref. ;" comp. Pii V " In Conferendis,"