Page:The New International Encyclopædia 1st ed. v. 16.djvu/552

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484
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PROVINS. 484 PBOVOOST. and on the slope of a stcpp hill, with considerable remains of the thirteenth-century raiii])arls, it has a picturesque niedia'val aspect. The chief build- ings are the eleventh-century Kouianesque (Jothic Church of Saint Ayoul ; the twi-lfth-century Transitional Church of Saint Quiriace with its adjacent bell-tower; the twelfth-century Grosse Tour or keep of an ancient fortress; the Cliurch of Sainte Croix, town hall, and hospital, dating from the thirteenth century; the sixteenth-cen- tury Tour de Xotre Dame du Val, and several an- cient dwelling houses. The town maintains a mu- seum and public library, and has a public garden and pleasant boulevards. The culture of "Pro- vins' roses is a local iiulustry of repute ; there are manufactures of confectionery, and a trade in the mineral waters of its chalybeate springs. Provins was the Roman I'mciiiiiiii, and under the rule of the counts of Champagne in the Middle Ages was an industrial centre, it is recorded, of over 80,000 inhabitants. Its decay dates from the Hundred Years' War with England and the Religious wars. Population, in 1901, 8794. PROVISIONAL ORDER (from provision, Lat. provisio, foresight, from procidere, to fore- see). In England, an order granted under the powers conferred by an act of Parliament, by a department of the Government, by the Secre- tary of State, or by some other authority, where- by certain things are authorized to be done, which could be accomplished otherwise only by an act of Parliament. The order does not receive efl'ect, however, until it has been confirmed by Parliament. Till that time, it is purel}' provi- sional ; and even after it has been so confirmed, and is in reality an independent act, it retains the title of a provisional order. Provisional or- ders have no counterpart in the legislative sys- tem of the United States, owing to the political division into States, and to the fact that Con- gress is thereby relieved of purely local legisla- tion, which in England must be done by Parlia- ment. See Parliamext. PROVISIONAL REMEDY. Under modern <;odes of reformed procedure, an extraordinary proceeding to prevent a dishonest defendant from disposing of his property before judgment can be obtained in an action commenced at the same time as the jjrocecding. Under the New York Code and codes following it, the provisional remedies are: Order of arrest; warrant of at- tachment; temporary injunction; and receiver. See PEocEnriiE; Action. PROVISO ( Lat., it being provided, abl. sg. of proi-isus, p.p. of providcre, to foresee). In law, a clause in a legislative act, or in any legal in- strument, which contains a qualification, limita- tion, or condition all'ecting or governing the pre- ceding clauses. A common example of a proviso is the defeasance clause in a mortgage, the lat- ter being in form an absolute conveyance, but with a proviso that if the mortgagor," <n person wlio executes it, performs a certain obligation, then the instrument shall become null and void. See CoxniTioN; Deed; Mortgage. PROVISORS, Statute of. The name of sev- eral statutes of England, which were intended to prevent the Pope from presenting to benefices in England, or, as it was technically known, from using the rights of provision and reservation. Since the time of Innocent III. (1198-1216) the Pope had frequently appointed foreigners to l)is!ioprics and the like. Often these never lived in England, and merely sought to derive as nuicli revenue as possible, leaving the ecclesiastical duties to others. Edward I. in the Statute of Carlisle (1307) sought to prevent the heads of the great monastic Orders from burdening the English monasteries with taxes, and by implica- tion included the Pope in this prohibition. It was not, however, until 1351 that the first Statute of Provisors of Benefices was passed, which seriously aimed to check the various abuses. Heavy penalties were to be imposed for the violation of the law. Nevertheless the statute was not enforced, and it was reenacted in 13(i2 and again in 1390, the last time with additional safeguards. For diplomatic reasons, however, the kings of England were compelled frequently to give way to the Papal demands, and conse- quently the statute was in practice always sus- pended. Moreover, the King himself found it often convenient to override the rights of the cathedral chapters and obtain the appointment of a favorite to some benefice or other by employ- ing the aid of the Papal inaehinery. It was not until the breach with Ronu? took place in tlie reign of Henry Vlll. that the abuses which the Statute of Provisors sought to cheek ceased. The te.xt of the statutes will be found in Adams and Stephens, Select Documents of Emjtish <'uiis:tita- tional History (New York, 1901). Consult also: Stubbs, Constitutional History of England, vols, ii. and iii. (Oxford, 1895-9t)) ; Lingard, History of Eiir/ldiid, vol. iii. (London, 1883). PRO'VO CITY. The county-seat of Utah County, Utah, 48 miles .south of Salt Lake City; on the Provo River, and on the Rio Grande West- ern and the Oregon Short Line railroads (Map: Utah, B 1). It has the Brigham Young Academy, one of the largest educational institutions of the Latter Day Saints, a Mormon tabernacle, and the State Insane Asylum. Utah Lake, three miles distant, the Bridal Veil Falls, and the Provo Caiion are much visited for their scenic attrac- tions. Provo City is situated in an agricultural, fruit-growing, and cattle-raising region. It nurnufacturcs woolen goods, flour, tin and iron roofing, etc., and there is considerable trade in lumber. Settled in 1849, Provo was chartered as a city in IS.'Jl. Population, in 1890, 5159; in litOO, 01 85. PROVOKED HUSBAND, The. A comedy begun by Vanbrugh as A Journey to London, and left imtinished at his death. It was completed by CoUey Ciblier and published in 1728. PROVOKED WIFE, The. A comedy by Van- brugh, produced in 1697. The hero. Sir .lohn Brute, a rough, mischievous fellow, annoyed his fine-lady wife by swearing, and going home drunk every night after wild escapades. It was Gar- rick's favorite part. PBOVOOST, provo', Samuel (1742-1815). First bishop of the Protestant Episcopal Church in New York. He was born in N^ew York City, of Huguenot descent, and was educated at King's (now Columbia) College. In England he con- tinued his studies at St. Peter's College. Cam- bridge, and was ordained priest in itfiG. He returned to New York and became an assistant minister of Trinity parish, a post he retained mitil 1774, when he withdrew, it is alleged, on