It was from the precarium, or ecclesiastical benefice, that the feudal fief originated.
Questions in regard to the property in a benefice were for the courts Christian; in regard to its possession, for the king's courts.
He was commended to the hospitality of Anne Boleyn's father, the earl of Wiltshire, in whose house at Durham Place he resided for some time; the king appointed him archdeacon of Taunton and one of his chaplains; and he also held a parochial benefice, the name of which is unknown.
For some time it was considered that he was a mere office-holder dependent on the will of the bishop with a jurisdiction merely " vicarial "; but by the 13th century it was settled that he held a " benefice " and that his jurisdiction over causes was ordinary and independent of the bishop (Van Espen, pars i.
The first volume was expanded into three volumes, La Gaule romaine (1891), L' Invasion germanique et la fin de l'empire (1891)and La Monarchie franque(1 888), followed by three other volumes, L'Alleu et le domaine rural pendant l'epoque merovingienne (1889), Les Origines du systeme feodal: le benefice et le patronat..
He immediately began to complain to Hyde, earl of Clarendon, of the poverty of the see, and based claims for a better benefice on a certain secret service, which he explained on the 20th of January 1661 to be the sole invention of the Eikon Basilike, The Pourtraicture of his sacred Majestic in his Solitudes and Sufferings put forth within a few hours after the execution of Charles I.
The offender, whether simoniacus (one who had bought his orders) or simoniace promotus (one who had bought his promotion), was liable to deprivation of his benefice and deposition from orders if a secular priest, - to confinement in a stricter monastery if a regular.
The penalty is forfeiture by the offender of any advantage from the simoniacal transaction, of his patronage by the patron, of his benefice by the presentee; and now by the Benefices Act 1892, a person guilty of simony is guilty of an offence for which he may be proceeded against under the Clergy Discipline Act 1892.
The right to present to a benefice in a newly appointed bishop's patronage at the option of the archbishop. By canon 40 of the canons of 1603 an oath against simony was to be administered to every person admitted to any spiritual or ecclesiastical function, dignity or benefice.
The Benefices Act 1898 substitutes and makes obligatory on every person about to be instituted to a benefice a simpler and more stringent form of declaration against simony.
The declaration is to the effect that the clergyman has not received the presentation in consideration of any sum of money, reward, gift, profit or benefit directly or indirectly given or promised by him or any one for him to any one; that he has not made any promise of resignation other than that allowed by the Clerical Resignation Bonds Act 1828; that he has not for any money or benefit procured the avoidance of the benefice; and that he has not been party to any agreement invalidated by sec. 3 sub-sec. 3 of the act which invalidates any agreement for the exercise of a right of patronage in favour or on the nomination of any particular person, and any agreement on the transfer of a right of patronage (a) for the retransfer of the right, or (b) for postponing payment of any part of the consideration for the transfer until a vacancy or for more than three months, or (c) for payment of interest until a vacancy or for more than three months, or (d) for any payment in respect of the date at which a vacancy occurs, or (e) for the resignation of a benefice in favour of any person.
He resigned his benefice in 1773 and betook himself to the study of the law and philology.
That it was Otto II., and not, as formerly supposed, Otto I., who gave him this benefice, seems evident from a diploma quoted by Mabillon (Annales, iv.
These chaplains are classified as follows: - Ecclesiastical, if the foundation has been recognized officially as a benefice; Lay, if this recognition has not been obtained; Mercenary, if the person who has been entrusted with the duty of performing or procuring the desired celebration is a layman (such persons also are sometimes called "Lay Chaplains"); Collative, if it is provided that a bishop shall collate or confer the right to act upon the accepted candidate, who otherwise could not be recognized as an ecclesiastical chaplain.
It brought together the two sides of feudalism, vassalage and benefice, as they were now commonly called, and from this age their union into what is really a single H.
That line of descent can be made out with convincing clearness and with no particular difficulty from epoch to epoch, from the precarium and the patrocinium, through the benefice and commendation, to the fief and vassalage.
Gave him a benefice in Parma, and in 1226 he was established at the curia as auditor contradictarum literarum of the pope, a post he held also under Gregory IX., until promoted (1227) to be vice-chancellor of the Roman Church.
Under this statute the archbishop continues to grant special licences to marry, which are valid in both provinces; he appoints notaries public, who may practise in both provinces; and he grants dispensations to clerks to hold more than one benefice, subject to certain restrictions which have been imposed by later statutes.
He is entitled to consecrate all the bishops within his province and was formerly entitled, upon consecrating a bishop, to select a benefice within his diocese at his option for one of his chaplains, but this practice was indirectly abolished by 3 and 4 Vict.
C. Gorham to the benefice of Brampford Speke in spite of the latter's acknowledged disbelief in the doctrine of baptismal regeneration, brought to a crisis the position within the Church of England of those who believed in that Church as a legitimate part of the infallible Ecclesia docens.
The term benefice, according to the canon law, implies always an ecclesiastical office, propter quod beneficium datur, but it does not always imply a cure of souls.
These services might be those of a secular priest with cure of souls, or they might be those of a regular priest, a member of a religious order, without cure of souls; but in every case a benefice implied three things: (I) An obligation to 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.
Nomination or presentation on the part of the 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 person for the spiritual office to which the benefice is annexed, and the bishop is the judge of the sufficiency of the clerk to be so admitted.
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 petition instead of by 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 institute him to the spiritual office to which the benefice is annexed, but before such institution can take place, the clerk is required to make a declaration of assent to the Thirty-nine Articles of Religion and to the Book of Common Prayer according to a form prescribed in the Clerical Subscription Act 1865, to make a declaration against simony in accordance with that act, and to take and subscribe the oath of 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.
After the bishop or his commissary has instituted the presentee, he issues a mandate under seal, addressed to the archdeacon or some other neighbouring clergyman, authorizing him to induct the clerk into his benefice, - in other words, to put him into legal possession of the temporalities, which is done by some outward form, and for the most part by delivery of the bell-rope to the clerk, who thereupon tolls the bell.
This form of induction is required to give the clerk a legal title to his beneficium, although his admission to the office by institution is sufficient to vacate any other benefice which he may already possess.
By a decree of the Lateran council of 1215, which was enforced 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.
Advocatio, a summons to), the right of presentation to a vacant ecclesiastical benefice, so called because the patron defends or advocates the claims of the person whom he presents.
Consequently where the right of patronage (the right of the patron to present to the bishop the person whom he has nominated to become rector or vicar of the parish to the benefice of which he claims the right of advowson) remains attached to the manor, it is called an advowson appendant, and passes with the estate by inheritance The distinction between nomination to a living and presentation is to be noted.
Nomination is the power, by virtue of a manor or otherwise, to appoint a clerk to the patron of a benefice, to be by him presented to the ordinary.
Presentation is the act of a patron in offering his clerk to the bishop, to be instituted in a benefice of his gift.
In a donative advowson, the sovereign, or any subject by special licence from the sovereign, conferred a benefice by a simple letter of gift, without any reference to the bishop, and without presentation and institution.
Under the previously existing law, simony, or "the corrupt presentation of any person to an ecclesiastical benefice for gift, money or reward," renders the presentation void, and subjects the persons privy or party to it to penalties; a presentation to a vacant benefice cannot be sold, and no clerk in holy orders can purchase for himself a next presentation.
Under the Benefices Act, advowsons may not be sold by public auction except in conjunction with landed property adjacent to the benefice; transfers of patronage must be registered in the registry of the diocese, and no such transfers can be made within twelve months after the last admission or institution to the benefice.
Before 1226 Adam received the benefice of Wearmouth from his uncle, Richard Marsh, bishop of Durham; but between that year and 1230 he entered the Franciscan order.
The arguments that had weaned him from his Zwibiglian simplicity did not satisfy his unpromoted brethren, and Jewel had to refuse admission to a benefice to his friend Laurence Humphrey (q.v.), who would not wear a surplice.
1534), persuaded him to visit England in the spring of 1499 Being without a benefice, he had no settled income to look to, and apart from the precarious profits of teaching and writing books, could only wait on the generosity of patrons to supply him with the leisure he craved.
The right claimed by the less, as a statute of 1379 complains, benefices continued to be given " to divers people of another language and of strange lands and nations, and sometimes to actual enemies of the king and of his realm, which never made residence in this same, nor cannot, may not, nor will not in any wise bear and perform the charges of the same benefice in hearing confessions, preaching or teaching the people."