PROVISORS

3 definitions found across Law Mind sources

PROVISORSAuthored
The Law Mind • 800 words
Definition
Provisors refers primarily to persons who held or sought a papal provision — that is, an appointment to an ecclesiastical benefice in England made by the Pope before the position was vacant, bypassing the ordinary rights of local patrons and bishops to present candidates. The term appears most prominently in the phrase "Statute of Provisors," the collective name for a series of English parliamentary statutes enacted across the fourteenth century to restrict or prohibit this practice. As a noun, a provisor was the individual who received or acted under such a papal provision. The Statutes of Provisors were directed against both the practice itself and against the provisors who sought to benefit from it.
Common Confusion
PROVISORS is sometimes treated as synonymous with the single statute 25 Edward III, st. 4 (1351). This is imprecise. Bouvier's own entry notes that 25 Edw. 3, st. 4 was "more particularly known as the Statute of Provisors, but it was only one of a series directed against provision." The full legislative campaign spans roughly from 1306 through the Statute of 1390 (13 Richard II, st. 2). Researchers who limit their search to the 1351 statute will miss significant earlier and later enactments, including the Ordinance of 1343 and the statute of 1390, which sharpened penalties considerably. Do not confuse PROVISORS with PRAEMUNIRE, though the two are historically entangled. Praemunire addressed the jurisdictional wrong of invoking or submitting to foreign (papal) authority in derogation of the Crown's courts; Provisors addressed the appointment mechanism itself. The two regimes operated together and are sometimes conflated because violations of the Provisors statutes frequently triggered praemunire penalties.
Why It Matters in Research
Historical sources treat "Provisors" inconsistently — sometimes as the plural of the person (provisors who received provisions), sometimes as shorthand for any one of the statutes, and sometimes as collective shorthand for the entire legislative series. When researching in Bouvier or period legal materials, Provisors entries are typically handled under the parent term PROVISION; Bouvier instructs readers to "See PROVISION 12," which is where the substantive ecclesiastical-appointment doctrine is developed. Researchers who look only for a standalone "Provisors" entry in historical dictionaries will frequently find only a redirect or a stub. The statutes are relevant to several intersecting research threads: the history of Crown prerogative over ecclesiastical appointments, the evolution of praemunire doctrine, the legal status of alien clergy holding English benefices, and medieval Church-State constitutional conflict. For property law researchers, the statutes bear on advowson rights — the right of lay or ecclesiastical patrons to present clergy to livings — because papal provisors displaced those rights. The terminology remained alive in English legal discourse well into the early modern period. Coke and Blackstone both treat the Provisors statutes in the context of praemunire, so researchers working in 16th- and 17th-century common law sources will encounter the term in historical rather than operative contexts by that point.
Historical Dictionary Support
Bouvier's Law Dictionary handles Provisors minimally at the standalone entry, directing readers to PROVISION for substantive content. This is consistent with the historical dictionaries' general approach of subordinating procedural or statutory names to the underlying doctrine. Bouvier identifies the 1351 statute (25 Edw. 3, st. 4) as the best-known of the Provisors statutes while explicitly noting it was part of a broader legislative series — a nuance that later summary treatments sometimes drop. Bouvier cites Byrne without further elaboration, a reference researchers should note is to secondary commentary rather than to the primary statutory text. The entry does not address the 1390 statute or the earlier 1306 and 1343 measures, leaving the legislative history incomplete for research purposes. Historical dictionaries in this area generally focus on the 1351 statute because it became the canonical reference point in later common law commentary, but this emphasis can distort the picture of how the law actually developed.
Jurisdictional Note
The Statutes of Provisors were English statutes with no direct counterpart in Scots law or the colonial American legal corpus. Their significance for Anglo-American legal research is almost entirely historical and ecclesiastical. They do not survive as operative law and are relevant today principally to historians of English constitutional law and canon law.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia — Statutes of Provisors; Papal Provisions; Praemunire; Advowson
Related Terms
PROVISION (ecclesiastical) — parent concept; the appointment mechanism these statutes targeted PRAEMUNIRE — closely related offense; penalties frequently applied to provisors ADVOWSON — the patronage right displaced by papal provisions BENEFICE — the church office or living subject to provision ALIEN PRIORIES — related context of foreign ecclesiastical interests in England STATUTE OF PROVISORS — the 1351 enactment most commonly meant when the term is used in the singular
PROVISORSmain
Bouvier's Law Dictionary • 1928
See PROVISION. PROVISORS, STATUTE OF. The statute 25 Edw. 3, st. 4, was more particu- larly known as the Statute of Provisors, but it was only one of a series directed against provision. Byrne. See PROVISION 12. PROVOCATION (Lat. provoco, to call out). The act of inciting another to do something. Provocation simply, unaccompanied by a crime or misdemeanor, does not justify the person provoked to commit an assault and battery. In cases of homicide it may re- duce the offence from murder to man- slaughter; but not if the provocation is by mere words, however exasperating; 164 U. S. 492. But when the provocation is given for the purpose of justifying or ex- cusing an intended murder, and the party provoked is killed, it is no justification; Whart. Cr. L. 457; 2 Gilb. Ev. by Lofft 753. See 81 Va. 298. The unjust provocation by a wife of her husband, in consequence of which she suf- fers from his ill usage, will bar her divorce on the ground of the husband's cruelty; her remedy in such cases is to change her manners; 2 Lee 172; 1 Hagg. Cons. 155. See CRUELTY; 1 Russ. Cr. 434. 486; 1 East, Pl. Cr. 232-241. ADEQUATE PROVOCATION;
provisorsnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
plural of provisor

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