Page:Catholic Encyclopedia, volume 8.djvu/95

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INSTITUTION


(f) selection from the jietition files of all requests grow- ing out of the said system; (g) reports of Inshops on the state of their dioceses, ami consist orial processes; (h) investigation into the influence of the Inquisition, to determine how far the respective local authorities were influenced by the Curia; (i) inquiry into the taxes imposed on clergy and Churches for purely ecclesiastical purposes, and into the ways and means of collecting these taxes. For certain dioceses, eccle- siastical provinces, regions, or entire countries, all these data, together with other items of information, have in the course of time been gathered, and pub- lished, by individuals and by associations. They have also, in a general way, been made generally accessible by the publication, as a whole, of the respective papal registers (see Registers, Pap.vl), e. g. the "Regesta" publications of the French institute, and the cameral (papal fiscal) reports of the Gorres and Leo societies. " Chartularia ", or collections of papal Bulls have been published not only for Westphalia, Eastern and Western Prussia, Utrecht, Bohemia, Salzburg, Aqui- leia, but also for Denmark, Poland, Switzerland, Great Britain, Ireland, and Germany (Rcpcrtorium Germanicum), not to speak of other countries. Many a student of the Vatican arcliives has devoted all his time to a single subject, e. g. Armellini, " Le Chiese di Roma"; Storm, "Die Obligationen der norwegischen Pralaten von 1.311-1523"; Samaran-Mollat, "La fis- calit6 pontificale en France au 14me siecle"; Berliere, "Les ' Libri Obligationum et Solutionum' des ar- chives vaticanes ", for the Dioceses of Cambrai, Liege, Therouanne, andTournai; Rieder, "RomischeQuellea zur Konstanzer Bisthumsgescliichte (1305-1378)".

The work done in the second subdivision is of the grsatest importance for questions of liistory, canon law, and general and medieval culture. The all-pervad- ing activity of the medieval popes has been richly illustrated by various investigators, e. g. Golleron the records of the " Poenitentiaria " ; Kirsch and Baum- garten on the finances (officials, administration) of the College of Cardinals; Baumgarten on the respec- tive offices of the vice-chancellor and the "BuUa- tores", the residence-quarters of the Curia, its Cur- sores or messengers; Watzl, Goller, and Schafer on the finance bureau of the Curia; von Ottenthal on the secretaries and the "Chancery rules"; Tangl and Erler respectively on the " Chancery regulations" and the " Liber Cancellariae " ; Kehr, Berliere, and Rieder on the petition files (Hbelli supplices), etc. The stu- dent will find quite helpful illustration of these deli- cate labours in the remarkable editions of the " Liber Pontificalis" by Duchesne; the "Liber Censuum" by Duchesne-Fabre; the "Italia Pontificia" by Kehr; the "Hierarchia Catholica Medii ^vi" by Eubei; the "Catalogue of Cardinals" by Cristofori; the " Acts of the Council of Trent ", by Ehses, Merkle, and Buschbell, not to speak of numerous other valu- able works. As to the third subdivision, i. e. the purely political, or politico-ecclesiastical activities of the popes, no clearly defined distinction can be made, either in the Middle Ages or in more modern times, between these activities and the exercise of purely ecclesiastical authoritj'; their numerous manifesta- tions may be studied in the publications briefly described above. Abundant information is to be found in the publications of the papal "Regesta" and the "Camera" or treasury, records. We learn from them many curious items of profane history, e. g. the population of various kingtloms, grants of tithes to kings and rulers for political purposes, etc. The nunciature reports are rich in this information.

In a general way the Vatican archives and these new historical Roman institutes have been particu- larly helpful towards a better knowledge of the ec- clesiastico-religious relations of individual dioceses, countries, and peoples with the head of the C'hurch and its central administration. So numerous have VIII.— 5


been the results of investigation published along these lines, that it has hitherto been impracticalile to pre- pare an exhaustive bibliography of the works based on studies in the Vatican archives. Melampo and Ranuzzi, following in the footsteps of Meister, have recently published a very useful, but not at all ex- haustive, list of all the books and essays of this kind which had appreared up to 1900: "Saggio biblio- grafico dei lavori eseguiti nell' Archivio Vaticano" (Rome, 1909). (See Vatican, sub-title Archives, Library; and Bullarium.)

Most of the iuformation on the Roman historical institutes is as yet scattered in essays and book prefaces. Besides the works of Friedensbdrg and Brom above referred to, see Has- KINS, The Vatican Archives in Auierican HiM. Rev. (October, 1S96), reprinted in Catholic Univ. Bxdletin (.'Vpril. 1897); Cauchie. De la crtation d'une ecole beige b. Rome; Schlecht in BucHBERGER, Kirckliches Handlexikon, s. v. Institute, his- torische; and the financial reports of the various institutes in their respective official publications. Aniong the accounts published by the various historic.il commissions the best have always been those of the Poles and the Russians, and are to be found in Melampo-Ranuzzk

Paul M. Baumgarten.

Institution, Canonical (Lat. inslitidio, from in- stituere, to establish), in its witlcst signification denotes any manner, in accordance with canon law, of acquir- ing an ecclesiastical benefice (Regula prima juris, in VI'°). In its strictest sense the word denotes the collation of an ecclesiastical benefice by a legitimate authority, on the presentation of a candidate by a third person {institutio iituli collativa). The term is used also for the actual putting in possession of a bene- fice {institutio corporalis), and for the approbation requisite for the exercising of the ecclesiastical min- istry when an authority inferior to the bishop has power to confer an ecclesiastical benefice {institutio auctorisahilis) . (Cf . gloss on " Regula prima juris ", in VI'", s. V. " Beneficium "0

I. The institutio tituli collatira (that which gives the title), sometimes also called verbaUs (which may be by word of mouth or by writing, as distinguished from the institutio corporalis, or realty), is the act by which an ecclesiastical authority confers a benefice on a can- didate presented by a third person enjoying the right of presentation. This occurs in the case of benefices subject to the right of patronage {jus patronatus), one of the principal prerogatives of which is the right of presenting to the bishop a titular for a vacant benefice. It also occurs when, in virtue of a privilege or of a con- cordat, a chapter, a sovereign, or a government has the right to present to the pope the titular of a bishopric or of an important ecclesiastical office. If the pope accepts the person presented, he bestows the institu- tio canonica on the titular. The eff'ect of this act is to give the candidate who has been presented (and who till then had only a jus ad rem, i. e. the right to be provided with the benefice) a jus in re or in beneficio, I. e. the right of exercising the functions connected with the benefice and of receiving revenues accruing from it. The right of institution to major benefices rests in the pope, but in the case of minor benefices it may belong to a bishop and his vicar-general, to a vicar capitular, or even to other ecclesiastics, in virtue of a foundation title dating from before the Council of Trent (Sess. XIV, "de Ref.", c. xii), or of a privilege, or of prescription. In all these cases the bishop has the right to examine the candidate, excepting candi- dates presented by universities recognized canonically (Council of Trent, Sess. VII, "de Ref.", c. xiii; Sess. XXV, "de Ref.", c. ix); even this exception does not apply to parishes (Council of Trent, Sess. XXIV, "de Ref.", c. xviii). Institution ought to be be- stowed within the two months following the presenta- tion, in the case of parish churches (Constitution of Pius V, " In conferendis", 16 March, 1567), but canon law has not specified any fixed time with regard to other benefices. However, if the bishop refuses to grant institution within the time appointed by a supe-