Chicheley now became the subject of a leading case, the court of king's bench deciding, of ter arguments reheard in three successive terms, that he could not hold his previous benefices with the bishopric, and that, spite of the maxim Papa potest omnia, a papal bull could not supersede the law of the land (Year-book ii.
Destined from his birth for the church, he received the tonsure at the age of seven and was soon loaded with rich benefices and preferments.
The pope had repeatedly used the rich northern benefices to reward members of the Roman curia, and towards the close of the year 1516 he sent the grasping and impolitic Arcimboldi as papal nuncio to Denmark to collect money for St Peter's.
As regards candidates for ecclesiastical offices, the concordats concluded with Catholic nations regularly give the sovereign the right to nominate or present to bishoprics, often also to other inferior benefices, such as canonries, important parishes and abbeys; or at least the choice of the ecclesiastical authority is submitted to the approval of the civil power.
The lengthy discussions on ecclesiastical benefices in Germany ended finally in the concordat of Vienna, promulgated by Nicholas V.
In Germany the concessions made to the pope and the reservations maintained by him in the matter of taxes and benefices were deemed excessive, and the prolonged discontent which resulted was one of the causes of the success of the Lutheran Reformation.
The pope preserved the right to nominate to vacant benefices in curia and to certain benefices of the chapters, but all the others were in the nomination of the bishops or other inferior collators.
Save in the provisions relating to ecclesiastical benefices, all the property of which had been confiscated, it reproduced the concordat of 1516.
The origin of such unendowed curacies is traceable to the fact that benefices were sometimes granted to religious houses pleno jure, and with liberty for them to provide for the cure; and when such appropriations were transferred to lay persons, being unable to serve themselves, the impropriators were required to nominate a clerk in full orders to the.
Boiamund proposed to assess the tax, not according to the old conventional valuation but on the true value of the benefices at the time of assessment.
It gives the real values in one column and tenth parts in another column of each of the benefices in the archdeaconry of Lothian.
Touching benefices, tithes and papal bulls showed her determination to be supreme in her own territory.
In 1855 an act was passed in the Sardinian states for the disestablishment of all houses of the religious orders not engaged in preaching, teaching or the care of the sick, of all chapters of collegiate churches not having a cure of souls or existing ~ in towns of less than 20,000 inhabitants, and of all private ~ a benefices for which no service was paid by the holders.
In 1860 and 1861 the royal commissioners (even before the constitution of the new kingdom of Italy had been formally declared) issued decrees by which there were abolished(f) in Umbria, 197 monasteries and 102 convents with 1809 male and 2393 female associates, and 836 chapters or benefices; (2) in the Marches, 292 monasteries and 127 convents with 2950 male and 2728 female associates; (3) in the Neapolitan provinces, 747 monasteries and 275 convents with 8787 male and 7493 female associates.
And at the same time there had been suppressed 11,889 chapters and benefices of the secular clergy, which yielded an annual income of 109,149.
By Article 15 the government relinquished its rights to apostolic legation in Sicily, and to theap. pointment of its own nominees to the chief benefices throughout the kingdom.
In the same way earls and barons must only be fined by their peers, and a similar privilege is extended to the clergy, who, moreover, were not to be fined in accordance with the value of their benefices, but only of their other property.
But jurisdiction which was not necessarily incident to the office of the official principal, that is to say voluntary jurisdiction, such as the granting of licences and institution to benefices, and criminal jurisdiction over clerks (and probably over laymen), the bishop could reserve to himself.
As to the title to present to benefices, the courts Christian at one time had concurrent jurisdiction with the temporal courts.
In cases, however, where the title to present was not in question, but the fitness of the clerk presented, or, in cases of election to benefices, the validity of the election, there was jurisdiction in the courts Christian.
In England there are few Roman " benefices " (E.
But he resigned his benefices, and, in conjunction with Cajetan, founded the order of the Theatines (1524) with the object of promoting personal piety and of combating heresy by preaching.
The great number of benefices which he held left room for some doubt as to his disinterestedness.
It is his duty also to induct the clergy of his archdeaconry into the temporalities of their benefices after they have been instituted into the spiritualities by the bishop or his vicar-general.
The Benefices Act 1898, however, now prohibits the grant of a lease of an advowson.
His functions were those of a secretary; and, though he profited by benefices conferred on him in lieu of salary, he remained a layman to the end of his life.
Thus annates were abolished, the abuse of "reservation" of the patronage of benefices by the pope was much limited, and the right claimed by the pope of "next presentation" to benefices not yet vacant (known as gratiae expectativae) was done away with altogether.
With the duke of Burgundy; finally, they investigated and judged numbers of private cases, lawsuits between prelates, members of religious orders and holders of benefices, thus themselves falling into one of the serious abuses for which they had most blamed the court of Rome.
The clergy, thus deprived of its wealth, privileges and jurisdiction, is further to be deprived of independence, for the civil power is to have the right of appointing to benefices, &c. The supreme authority in the church is to be the council, but a council summoned by the emperor.
The pope, no longer possessing any more power than other bishops (though Marsilius recognizes that the supremacy of the Church of Rome goes back to the earliest times of Christianity), is to content himself with a pre-eminence mainly of an honorary kind, without claiming to interpret the Holy Scriptures, define dogmas or distribute benefices; moreover, he is to be elected by the Christian people, or by the delegates of the people, i.e.
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.
First, the growth of the practice of " reservation " and " provision," by which the popes assumed the right to appoint their own nominees to vacant sees and other benefices, in defiance of the claims of the crown, the chapters and private patrons.
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."
The bishop was a prince of the Holy Roman Empire, while his diocese was one of the largest in Germany, including (shortly before the Reformation) most of Baden and Wurttemberg, and 12 out of the 22 Swiss cantons (all the region on the right bank of the Aar, save the portions included in the diocese of Coire) - in it were comprised 350 monasteries, 1760 benefices and 17,000 priests.
A list of all such beneficia was recorded in the Book of Benefices (Liber Beneficiorum), which was kept by the principal registrar of benefices ficiorum).
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 present to the bishop a clerk to be admitted, if found fit by the bishop, to the office to which those temporalities are annexed.
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.
Dispensations, however, could be easily obtained from Rome, before the 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 1534, the power to grant such dispensations, which had been exercised previously by the court of Rome, was transferred to the archbishop of Canterbury, certain ecclesiastical persons having been declared by a previous statute (1529) to be entitled to such dispensations.
The evils attendant on this system were found to be so great that the Pluralities Act 1838 was passed to abridge the holding of benefices in plurality, and it was enacted that no person should hold under any circumstances more than two benefices, and this privilege was made subject to the restriction that his benefices were within ten statute miles of each other.
By the Pluralities Act 1850, 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 annual value of one of such benefices did not exceed £loo.
The Pluralities Acts Amendment Act 1885, however, enacted that, by 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 year's profits) and tenths (of yearly profits) to Queen Anne's Bounty for the augmentation of the maintenance of the poorer clergy.