In the
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
of the
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, an expectative, or an expectative grace (from the Latin ''expectare'', to expect or wait for), is the anticipatory grant of an
ecclesiastical benefice
A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by ...
, not vacant at the moment but which will become so, regularly, on the death of its present
incumbent
The incumbent is the current holder of an official, office or position, usually in relation to an election. In an election for president, the incumbent is the person holding or acting in the office of president before the election, whether seek ...
.
History
In 1179 the
Third Lateran Council
The Third Council of the Lateran met in Rome in March 1179. Pope Alexander III presided and 302 bishops attended. The Catholic Church regards it as the eleventh ecumenical council.
By agreement reached at the Peace of Venice in 1177 the bitter ...
, renewing a prohibition already in existence for a long time, forbade such promises or gifts. This prohibition was further extended by
Pope Boniface VIII
Pope Boniface VIII ( la, Bonifatius PP. VIII; born Benedetto Caetani, c. 1230 – 11 October 1303) was the head of the Catholic Church and ruler of the Papal States from 24 December 1294 to his death in 1303. The Caetani, Caetani family was of b ...
. Nevertheless, during the Middle Ages expectative graces were customarily conferred upon applicants to
canonical prebend
A prebendary is a member of the Roman Catholic or Anglican clergy, a form of canon with a role in the administration of a cathedral or collegiate church. When attending services, prebendaries sit in particular seats, usually at the back of the ...
s in the cathedral and collegiate chapters. This fact was due to toleration by the
Holy See
The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome ...
, which even accorded to the chapters the right of nominating four canons in the way of expectative graces. Several chapters preferred to renounce this right; others continued to employ expectatives even contrary to the canonical enactments.
The popes, especially, made use of this grace from the twelfth century. After having first asked, then ordered, the collators to dispose of certain benefices in favour of ecclesiastics whom they had previously named to them, the popes themselves directly granted, in the way of expectatives, benefices which were not at the moment vacant; they even charged another ecclesiastic with the future investiture of the appointee with the benefice. The privilege of granting expectatives was conceded also to the delegates of the Holy See, the universities, certain princes, etc., with more or less restriction.
This practice aroused grave opposition and gave rise to many abuses, especially during the Western Schism.
Council of Trent
The
Council of Trent
The Council of Trent ( la, Concilium Tridentinum), held between 1545 and 1563 in Trento, Trent (or Trento), now in northern Italian Peninsula, Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation ...
suppressed all expectatives excepting the designation of a
coadjutor The term coadjutor (or coadiutor, literally "co-assister" in Latin) is a title qualifier indicating that the holder shares the office with another person, with powers equal to the other in all but formal order of precedence.
These include:
* Coadj ...
with the right of succession in the case of bishops and abbots; to these we may add the
prefects Apostolic.
[Sess. XXIV, cap. xix, De ref.; Sess. XXIX, cap. vii, De ref.] Although the council intended to forbid also the collation of expectatives by privileges granted by the pope, still the latter is not bound by such a prohibition. However, the only expectatives now in use are those authorized by the Council of Trent.
References
*Schmitt, ''De eo quod circa expectativas ad canonicatus ex statutis et observantiis Germani justum est'' in Mayer, ''Thesaurus novus juris ecclesiastici'' (Ratisbon, 1791), I, 249;
*Dürr, ''De capitulis clausis in Germaniâ'' in Schmidt, ''Thesaurus juris ecclesiastici'' (Heidelberg, 1774), III. 122;
*
Hinschius, ''System des katholichen Kirchenrechts'' (Berlin, 1879 1895), II, 64, 474; III, 113 sqq.;
*
Wernz, ''Jus Decretalium'' (Rome, 1899), II, 450.
Notes
External links
''Catholic Encyclopedia'' article
{{Catholic
Catholic Church legal terminology