d. 18 Maj. 1566, and Benedicti XIV " Cum illud," d. 14 Dec. 1742). As the diocesan synods, after a long interruption, have only been revived of late, the papal see has conferred full powers on the bishop (modo pro- visorio), and, until the regular synods should be re- established, to nominate, himself, these synodal exam- iners and take their oath. Besides this examination re- quired by the Church, most civil governments in Ger- many prescribe a similar examination for the candi- dates to the functions of curate or preacher.
(2.) In regard to the lime and manner of the provision, the following principles prevail: (a) A newly estab- lished clerical function must first be endowed ; an office subsisting already must be not only really, but lawfully vacant. Even to give expectancies, or promises of pro- vision in case of vacancy, is prohibited. Every clerical office must be filled in a given period of time — higher offices within three months ; inferior offices, the provision
of which is left to the free collation of the bishops or chapters, six months (c. 2, x, " De Concess. Praeb." iii, 8) from the dav their vacancy was first known (c. 3, x, " De Suppl. Negl. Pnel." i, 10). If the offices to be tilled are patronal benefices, the lay patron is allowed a term of four months (c. 3, x, " De Jure Patron." iii, 38) for making his presentation, the clerical patron a term of six months ; the latter being lawful even in cases where a layman has transferred his right of presentation to a church or ecclesiastical corporation (Sext. c. un. " De - Jur. Patron." iii, 19), or where the patronate is mixed. However, the civil legislation of several countries dis- agrees in many cases with these rules. If the election, postulation, nomination, or presentation have not taken place within the allotted term, it is, for this case, lost to the patron, and devolves upon the superior clerical au- thority, (b) The benefice must be filled according to the canons; consequently, with complete independence both of the collator and the receiver (c. 2, x, " De his quae Vi," i, 40), without diminution or heavier taxation of the prebend (c. un. x, "Ut Benef. sine Diminut." iii, 12), and without simony. The admission of the state, and often of individuals, to a share in the provision of ecclesiastical benefices gave rise in the mediaeval Church to the contention for investiture (q. v.), and remains as vet unsettled. In some countries it was set at rest by concordat; in others it is still unregulated, though the right of final and complete provision is admitted to be- long to the pope. In most Roman Catholic countries the crown elects to bishoprics, and the pope is bound to confirm the nominee of the crown, unless canonical cause of rejection should appear. In Germany, the contest with the papacy has on this account left vacant several important provisions.
3. Form of the Provision. — (I.') Concerning the or- dinary collation («) of higher offices. Archiepiscopal and episcopal sees, abbacies, and other prelatures are filled by election, postulation, or nomination, (b) The other clerical functions are disposed of by the bishop in the whole extent of his diocese. This right of filling the vacant places is either entirely free, or it is more or less circumscribed by the rights of third persons or by the peculiar situation of the chapter, especially by the right of presentation of the patrons. (2.) An extraordinary provision takes place («) either jui-e devoluto. when the person entitled to till the vacant office does not fulfil the canonic conditions of the provision, or (b~)jure 7-eservato, when the prebend is one of those the collation of whom is reserved to the pope.
4. Institution or Installation.— (I.') The lawful colla- tion of the office in question by the competent clerical superior, which alone entitles to the possession of the office and to the exercise of the rights of consecration and jurisdiction connected with it, is made, for episco- pates and prelatures, by the pope, by confirmation of the elected or postulated person or nominee; for other func- tions, by the bishop (c. 3, x, " De Instit." iii, 7; Cone. Trid. sess. xxiv, c. 13, " De Ref."), through canonic institution. The phrase institutio canonica appears in Sext. c. 1, "De Reg. Jur." v, 12, and has since pre- vailed ; the expressions collatio, institutio collativa, in- stitutio verbalis, institutio mirtorisabilis, investitura. are somewhat erroneously employed as synonymous with it. Collatio beneficii ought to be used only for prebends free- ly conferred by the clerical superior, as here the colla- tion of the office makes one with the designatio personm, both being included in the decree of collation. If the office belongs to that class to which third persons (phys- ically and morally qualified) have a right of election or presentation, then institutio is the right word, and, better, institutio canonica, to indicate that this institution made by the competent clerical superior is alone the lawful col- lation ; or institutio collativa, to indicate that the office is really conferred only by the institution; institutio verba- lis, to distinguish this verbal delivery of the office from the act of putting a person in possession of it (installation. While the libera collatio was always, and is still, an ab-