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See also: BENEFICE (See also:Lat. beneficium, benefit) , a See also:term first applied under the See also:Roman See also:empire to portions of See also:land, the usufruct of which was granted by the emperors to their soldiers or others725
for See also:life, as a See also:reward or beneficium for past services, and as a See also:retainer for future services. A See also:list of all such beneficia was recorded in the See also:Book of Benefices (See also:Liber Beneficiorum), which was kept by the See also:principal registrar of benefices (Primiscrinius Beneficiorum). In See also:imitation of the practice observed under the Roman empire, the term came to be applied under the feudal See also:system to portions of land granted by a See also:lord to his See also:vassal for the See also:maintenance of the latter on See also:condition of his rendering military service; and such grants were originally for life only, and the land reverted to the lord on the See also:death of the vassal. In a similar manner grants of land, or of the profits of land, appear to have been made by the bishops to their See also:clergy for life, on the ground of some extraordinary merit on the See also:part of the grantee. The validity of such grants was first formally recognized by the See also:council of See also:- ORLEANS
- ORLEANS, CHARLES, DUKE OF (1391-1465)
- ORLEANS, DUKES OF
- ORLEANS, FERDINAND PHILIP LOUIS CHARLES HENRY, DUKE OF (1810-1842)
- ORLEANS, HENRI, PRINCE
- ORLEANS, HENRIETTA, DUCHESS
- ORLEANS, JEAN BAPTISTE GASTON, DUKE
- ORLEANS, LOUIS
- ORLEANS, LOUIS PHILIPPE JOSEPH
- ORLEANS, LOUIS PHILIPPE ROBERT, DUKE
- ORLEANS, LOUIS PHILIPPE, DUKE OF (1725–1785)
- ORLEANS, LOUIS, DUKE OF (1372–1407)
- ORLEANS, PHILIP I
- ORLEANS, PHILIP II
Orleans, A.D. 511, which forbade, however, under any circumstances, the See also:alienation from the bishoprics of any lands so granted. The next following council of Orleans, 533, See also:broke in upon this principle, by declaring that a See also:bishop could not reclaim from his clergy any grants made to them by his predecessor, excepting in cases of misconduct. This innovation on the See also:ancient practice was confirmed by the subsequent council of See also:Lyons, 566, and from this See also:period these grants ceased to be regarded as See also:personal, and their substance became annexed to the churches,—in other words, they were henceforth enjoyed jure tituli, and no longer jure personali. How and when the term beneficia came to be applied to these episcopal grants is uncertain, but they are designated by that term in a See also:canon of the council of See also:Mainz, 813.
The term benefice, according to the canon See also:law, implies always an ecclesiastical See also:- OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")
office, See also:pro See also:pier quod beneficium dater, but it does not always imply a cure of souls. It has been defined to be the right which a clerk has to enjoy certain ecclesiastical revenues on condition of discharging certain services prescribed by the canons, or by usage, or by the conditions under which his office has been founded. These services might be those of a See also:secular See also:priest with cure of souls, or they might be those of a See also:regular priest, a member of a religious See also:- ORDER
- ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
- ORDER, HOLY
order, without cure of souls; but in every See also:case a benefice implied three things: (1) An See also:obligation to See also:discharge the duties of an office, which is altogether spiritual; (2) The right to enjoy the fruits attached to that office, which is the benefice itself; (3) The fruits themselves, which are the temporalities. By keeping these distinctions in view, the right of patronage in the case of secular benefices becomes intelligible, being in fact the right, which was originally vested in the donor of the temporalities, to See also: present to the bishop a clerk to be admitted, if found See also:fit by the bishop, to the office to which those temporalities are annexed. Nomination or presentation on the part of the See also:patron of the benefice is thus the first requisite in order that a clerk should become legally entitled to a benefice. The next requisite is that he should be admitted by the bishop as a fit See also:person for the spiritual office to which the benefice is annexed, and the bishop is the See also:judge of the sufficiency of the clerk to be so admitted. By the See also:early constitutions of the See also:- CHURCH
- CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
- CHURCH, FREDERICK EDWIN (1826-1900)
- CHURCH, GEORGE EARL (1835–1910)
- CHURCH, RICHARD WILLIAM (1815–189o)
- CHURCH, SIR RICHARD (1784–1873)
Church of See also:England a bishop was allowed a space of two months to inquire and inform himself of the sufficiency of every presentee, but by the ninety-fifth of the canons of 1604 that See also:interval has been abridged to twenty-eight days, within which the bishop must admit or reject the clerk. If the bishop rejects the clerk within that See also:- TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
- TIME, MEASUREMENT OF
- TIME, STANDARD
time he is liable to a duplex querela in the ecclesiastical courts, or to a quare impedit in the See also:common law courts, and the bishop must then certify the reasons of his refusal. In cases where the patron is himself a clerk in orders, and wishes to be admitted to the benefice, he must proceed by way of See also:petition instead of by See also:deed of presentation, reciting that the benefice is in his own patronage, and petitioning the bishop to examine him and admit him. Upon the bishop having satisfied himself of the sufficiency of the clerk, he proceeds to See also:institute him to the spiritual office to which the benefice is annexed, but before such institution can take See also:place, the clerk is required to make a See also:declaration of assent to the See also:Thirty-nine Articles of See also:Religion and to the Book of Common See also:Prayer according to a See also:form prescribed in the Clerical Subscription See also:Act 1865, to make a declaration against
See also:simony in accordance with that act, and to take and subscribe the See also:oath of See also:allegiance according to the form in the Promissory Oaths Act 1868. The bishop, by the act of institution, commits to the clerk the cure of souls attached to the office to which the benefice is annexed. In cases where the bishop himself is patron of the benefice, no presentation or petition is required to be tendered by the clerk, but the bishop having satisfied himself of the sufficiency of the clerk, collates him to the benefice and office. It is not necessary that the bishop himself should person-ally institute or collate a clerk; he may issue a fiat to his See also:vicar-See also:general, or to a See also:special See also:commissary for that purpose. After the bishop or his commissary has instituted the presentee, he issues a See also:mandate under See also:seal, addressed to the See also:archdeacon or some other neighbouring clergyman, authorizing him to induct the clerk into his benefice, in other words, to put him into legal See also:possession of the temporalities, which is done by some outward form, and for the most part by delivery of the See also:- BELL
- BELL, ALEXANDER MELVILLE (1819—1905)
- BELL, ANDREW (1753—1832)
- BELL, GEORGE JOSEPH (1770-1843)
- BELL, HENRY (1767-1830)
- BELL, HENRY GLASSFORD (1803-1874)
- BELL, JACOB (1810-1859)
- BELL, JOHN (1691-178o)
- BELL, JOHN (1763-1820)
- BELL, JOHN (1797-1869)
- BELL, ROBERT (1800-1867)
- BELL, SIR CHARLES (1774—1842)
bell-rope to the clerk, who thereupon tolls the bell. This form of See also:induction is required to give the clerk a legal See also:title to his beneficium, although his See also:admission to the office by institution is sufficient to vacate any other benefice which he may already possess.
By a See also: decree of the Lateran council of 1215, which was en-forced in England, no clerk can hold two benefices with cure of souls, and if a beneficed clerk shall take a second benefice with cure of souls, he vacates ipso facto his first benefice. Dispensations, however, could be easily obtained from See also:Rome, before the See also:reformation of the Church of England, to enable a clerk to hold several ecclesiastical dignities or benefices at the same time, and by the Peterpence, Dispensations, &c. Act 17J4, the See also:power to See also:- GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
- GRANT, ANNE (1755-1838)
- GRANT, CHARLES (1746-1823)
- GRANT, GEORGE MONRO (1835–1902)
- GRANT, JAMES (1822–1887)
- GRANT, JAMES AUGUSTUS (1827–1892)
- GRANT, ROBERT (1814-1892)
- GRANT, SIR ALEXANDER
- GRANT, SIR FRANCIS (1803-1878)
- GRANT, SIR JAMES HOPE (1808–1895)
- GRANT, SIR PATRICK (1804-1895)
- GRANT, U
- GRANT, ULYSSES SIMPSON (1822-1885)
grant such dispensations, which had been exercised previously by the See also:court of Rome, was transferred to the See also:archbishop of See also:Canterbury, certain ecclesiastical persons having been declared by a previous See also:statute (1529) to be entitled to such dispensations. The system of pluralities carried with it, as a necessary See also:con-sequence, systematic non-See also:residence on the part of many incumbents, and delegation of their spiritual duties in respect of their See also:cures of souls to assistant curates. The evils attendant on this system were found to be so See also:great that the Pluralities Act 1838 was passed to abridge the holding of benefices in See also:plurality, and it was enacted that no person should hold under any circumstances more than two benefices, and this See also:privilege was made subject to the restriction that his benefices were within ten statute See also:miles of each other. By the Pluralities Act r85o, the restriction was further narrowed, so that no spiritual person could hold two benefices except the churches of such benefices were within three miles of each other by the nearest road, and the See also:annual value of one of such benefices did not-exceed boo. By this statute the term benefice is defined to mean benefice with cure of souls and no other, and therein to comprehend all parishes, perpetual curacies, donatives, endowed public chapels, parochial chapelries and chapelries or districts belonging or reputed to belong, or annexed or reputed to be annexed, to any church or See also:chapel. The Pluralities Acts See also:Amendment Act 1885, however, enacted that, by See also:dispensation from the archbishop, two benefices could be held together, the churches of which are within four miles of each other, and the annual value of one of which does not exceed £200.
All benefices except those under the clear annual value of £50 pay their first fruits (one See also:year's profits) and tenths (of yearly profits) to See also:Queen See also:Anne's See also:Bounty for the See also:augmentation of the maintenance of the poorer clergy. Their profits during vacation belong to the next See also:incumbent. Tithe See also:rent See also:charge attached to a benefice is relieved from See also:payment of one-See also:half of the agricultural. rates assessed thereon. Benefices may be exchanged by agreement between incumbents with the consent of the See also:ordinary, and they may, with the consent of the patron and ordinary, be See also:united or dissolved after being united. They may also be charged with the repayment of See also: money laid out for their permanent See also:advantage, and be augmented wholly by the See also:medium of Queen Anne's Bounty.
A benefice is avoided or vacated—(1) by death; (2) by resignation, if the bishop is willing to accept the resignation: by the In-cumbents' Resignation Act 1871, Amendment Act 1887, any clergy-See also:man who has been an incumbent of one benefice continuously for seven years, and is incapacitated by permanent See also:mental or bodily infirmities from fulfilling his duties, may, if the bishop thinks fit, have a See also:commission appointed to consider the fitness of his resigning; and if the commission See also:report in favour of his resigning, he may, with the consent of the patron (or, if that is refused, with the consent of the archbishop) resign the cure of souls into the bishop's hands, and have assigned to him, out of the benefice, a retiring-See also:pension not exceeding one-third of its annual value, which is recoverable as a See also:debt from his successor; (3) by cession, upon the clerk being instituted to another benefice or some other preferment incompatible with it; (4) by deprivation and See also:sentence of an ecclesiastical court; under the Clergy Discipline Act 1892, an incumbent who has been convicted of offences against the law of bastardy, or against whom See also:judgment has been given in a See also:divorce or matrimonial cause, is deprived, and on being found guilty in the See also:consistory court of immorality or ecclesiastical offences (not in respect of See also:doctrine or See also:ritual), he may be deprived or suspended or declared incapable of preferment; (5) by act of law in consequence of simony; (6) by See also:default of the clerk in neglecting to read publicly in the church the Book of Common Prayer, and to declare his assent thereto within two months after his induction, pursuant to an act of 1662.
See also AnvowsoN; See also:GLEBE; INCUMBENT; VICAR; also Philli-
more, See also:Eccles. Law; Cripps, Law of Church and Clergy.
End of Article: BENEFICE (Lat. beneficium, benefit)
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