How to use Benefice in a sentence
It was from the precarium, or ecclesiastical benefice, that the feudal fief originated.
The less deprived of participation in the sacraments, and made a clerk incapable of taking a benefice.
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.Advertisement
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.
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.
The act it will be observed applies only to clergymen, and the punishment is strictly limited to deprivation of benefice.
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.
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.Advertisement
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.
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.Advertisement
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.
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.
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 chapel.Advertisement
Tithe rent charge attached to a benefice is relieved from payment of one-half of the agricultural rates assessed thereon.
The earliest use of the word in English appears to have been in the special ecclesiastical sense of the holder of an advowson, the right of presentation to a benefice.
He was presented to the benefice in 1704, and held it till his death.
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.
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.Advertisement
Moreover English and not Breton law was to be employed, and no Irishman could legally be receivd into a religious house, nor presented to a benefice.
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.
No petition is necessary in this case, and the bishop is said to collate to the benefice.Advertisement
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.
Where it belongs to a Roman Catholic the right is exercised in his behalf by the university of Oxford if the benefice be situate south of the river Trent, and by that of Cambridge if it be north of that river.
Besides the qualifications required of a presentee by canon law, such as being of the canonical age, and in priest's orders before admission, sufficient learning and proper orthodoxy or morals, the Benefices Act requires that a year shall have elapsed since a transfer of the right of patronage, unless it can be shown that such transfer was not made in view of a probable vacancy; that the presentee has been a deacon for three years; and that he is not unfit for the discharge of his duties by reason of physical or mental infirmity or incapacity, grave pecuniary embarrassment, grave misconduct or neglect of duty in an ecclesiastical office, evil life, or conduct causing grave scandal concerning his moral character since his ordination, or being party to an illegal agreement with regard to the presentation; that notice of the presentation has been given to the parish of the benefice.Advertisement
Except by leave of the bishop or sequestrator, the incumbent of a sequestered benefice cannot be presented.
Upon institution the church is full against everybody except the crown, and after six months' peaceable possession the clerk is secured in possession of the benefice, even though he may have been presented by a person who is not the proper patron.
Possession of the benefice is completed by induction, which makes the church full against any one, including the crown.
If a bishopric becomes vacant after a lapse has accrued to it, it goes to the metropolitan; but in case of a vacancy of a benefice during the vacancy of the see the crown presents.
A trial was held before Coke in which one of the counsel denied the validity of a grant made by the king to the bishop of Lichfield of a benefice to be held in commendam.Advertisement
Tithe rent charge under these acts is subject to the same liabilities and incidents as tithes, such as parliamentary, parochial, county and other rates, especially the poor rate and highway rate; but the owner of tithe rent charge attached to a benefice has been exempted by an act of 1899 from payment of half the amount of any rate which he would be liable to pay under the Agricultural Rates Act 1896, the other half being borne by the Inland Revenue Commissioners.
Moreover, every appointment to an ecclesiastical benefice was to be notified to the president of the province, and the confirmation could be refused on the ground that there were facts which could support the assumption that the appointment would be dangerous to public order.
Mackonochie was on the point of being deprived of his benefice of St.
On assuming this benefice he resigned, with rare disinterestedness, that of the abbey of Loc-Dieu.
Under the date of 14th July 1527, we find a "grant to Maister Hector" of an annual pension of £50, to be paid by the sheriff of Aberdeen out of the king's casualties; and on the 26th of July 1529 was issued a "precept for a lettre to Mr Hector Boys, professor of theology, of a pension of £50 Scots yearly, until the king promote him to a benefice of loo marks Scots of yearly value; the said pension to be paid him by the custumars of Aberdeen."Advertisement
In 1533 and 1534, one-half of his pension was, however, paid by the king's treasurer, and the other half by the comptroller; and as no payment subsequent to that of Whitsuntide 1534 has been traced in the treasurer's accounts, he is supposed to have obtained the benefice soon after that period.
This benefice was the rectorship of Tyrie.
The papal letter when translated referred to the imperial crown as a benefice conferred by the pope, and its reading aroused great indignation.
Wykeham's first benefice was the rectory of Pulham, the richest in Norfolk, worth X53 a year, or some £1600 of our money, to which he was presented on the 30th of November 1357.
Where the bishop himself is patron of a benefice within his own diocese he is empowered to collate a clerk to it, - in other words, to confer it on the clerk without the latter being presented to him.Advertisement
He certainly held the living but two years, resigning it in January 1552 along with his other benefice, and it is noteworthy that at the episcopal visitation of 1551 he was not present.
Even the incumbent of a parish is in law a " corporation sole," his benefice a freehold; and until the establishment in 1836, by act of parliament, of the Ecclesiastical Commissioners nothing could be done to adjust the inequalities in the emoluments of the clergy resulting from the natural rise and fall of the value of property in various parts of the country.
In 1538 he obtained a dispensation permitting him to hold a benefice, notwithstanding his being a natural son, and in June 1546 he was made an acolyte in the cathedral church of Aberdeen, of which he was afterwards appointed a canon and prebendary.
He now maintained not only that it was a sin that kings should invest prelates with their spiritual insignia, the pallium, the staff, the ring, but claimed that no clerk ought to do homage to the king for the lands of his benefice, though he himself seven years before had not scrupled to make his oath to his earlier master.
Under the Benefices Act 1898 the official principal of the archbishop is required to institute a presentee to a benefice if the tribunal constituted under that act decides that there is no valid ground for refusing institution and the bishop of the diocese notwithstanding fails to institute him.
The plague having visited Noyon, the young Hangests were sent to Paris in August '523, and Calvin accompanied them, being enabled to do so by the income received from his benefice.
Burnet wisely refused to accept a benefice in the disturbed state of church affairs, but he wrote an audacious letter to Archbishop Sharp asking him to take measures to restore peace.
Parliament was not more liberal, for the statute of Kilkenny, passed in 1366, ordained that "no Irishman be admitted into any cathedral or collegiate church, nor to any benefice among the English of the land," and also "that no religious house situated among the English shall henceforth receive an Irishman to their profession."
He was asked the meaning of the cross of St John which he wore on his doublet, and replied that it was the sign of a small benefice which he held from the pope, and would lose if he were not back by the 1st of January.
With the extension of its use, too, the custom grew up (c. 1300) of investing clerks with the biretum as the symbol of the transfer of a benefice, a custom which survives, in Roman Catholic countries, in the solemn delivery of the red biretta by the head of the state to newly created cardinals, who afterwards go to Rome to receive the red hat.
A member of such a college is a canon in virtue of the spiritual duties which he has to perform, and the assignation to him of a stall in choir and a place in chapter; he is a prebendary in virtue of his benefice.
These two parishes have recently become a united benefice.
They were to hold the benefice in common, officiating in alternate months.
In 1929 Wasdale Head became a joint benefice together with Nether Wasdale.
Voicing the answers to the questionnaire at the end was invaluable especially as we are a newly formed benefice.
In a vacancy in a rectorial benefice the Chairman shall be a Vicar of that benefice designated by the Area Dean.
Glebe land is usually regarded as land belonging to either a parish church or an ecclesiastical benefice of some kind.
Between 1291 and 1535 it became a separate benefice.
Patronage The patron of each benefice is listed under the benefice name.
St Mary the Virgin Exbourne Devon Exbourne is a village of 400 people in mid-Devon and is part of a four parish benefice.
He resided on his benefice & had 100 communicants & more.
The benefice, which has some glebe belonging to it, has been augmented with queen Anne's bounty.
The benefice, now a vicarage, is held by the Rev. John A. Scott, who is also perpetual curate of Armathwaite Chapel.
The benefice is a discharged vicarage, valued in the king's books at £ 6 1s.
On his return to Spain, Moratin was tonsured and presented to a sinecure benefice in the diocese of Burgos, and in 1786 his first play, ET Viejo y la nina, was produced at the Teatro del Principe.
The benefice was inalienable, could not be sold, pledged, exchanged, sublet, devised or diminished.
For the purposes of English law simony is defined by Blackstone as the corrupt presentation of any person to an ecclesiastical benefice for money, gift or reward.
The penalty for corrupt resigning or exchanging of a benefice with cure of souls is that the giver as well as the taker shall lose double the value of the sum so given or taken, half the sum to go to the crown and half to a common informer.
The penalty for taking money, &c., to procure ordination or to give orders or licence to preach is a fine of £40; the party so corruptly ordained forfeits £10; acceptance of any benefice within seven years after such corrupt entering into the ministry makes such benefice merely void, and the patron may present as on a vacancy; the penalties are divided as in the last case.
By the Simony Act 1713 if any person shall for money, reward, gift, profit or advantage, or for any promise, agreement, grant, bond, covenant, or other assurance for any money, &c., take, procure or accept the next avoidance of or presentation to any benefice, dignity, prebend or living ecclesiastical, and shall be presented or collated thereupon, such presentation or collation and every admission, institution, investiture and induction upon the same shall be utterly void; and such agreement shall be deemed a simoniacal contract, and the queen may present for that one turn only; and the person so corruptly taking, &c., shall be adjudged disabled to have and enjoy the same benefice, &c., and shall be subject to any punishment limited by ecclesiastical law.
The Benefices Act of that year absolutely invalidates any transfer of a right of patronage unless (a) it is registered in the diocesan registry, (b) unless more than twelve months have elapsed since the last institution or admission to the benefice, and (c) unless "it transfers the whole interest of the transferor in the right" with certain reservations; in other words, the act abolished the sale of next presentations, but it expressly reserved from its operation (a) a transmission on marriage, death or bankruptcy or otherwise by operation of law, or (b) a transfer on the appointment of a new trustee where no beneficial interest passes.
In the autumn of this year (1850) was the great popular outcry against the "Papal aggression" (see Wiseman), and Manning, feeling himself unable to take part in this protest, resigned, early in December his benefice and his archdeaconry; and writing to Hope-Scott, who a little later became a Roman Catholic with him, stated his conviction that the alternative was "either Rome or licence of thought and will."
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.
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."
His demands were not small; for, with an ambition mingled, as his letters show, with strong family affection, he aimed at placing all his relatives in positions of affluence and dignity; and many a rich benefice and important public office was appropriated by him to that purpose.
The bishops of England have also jurisdiction to examine clerks who may be presented to benefices within their respective dioceses, and they are bound in each case by the 95th canon of 1604 to inquire and inform themselves of the sufficiency of each clerk within twenty-eight days, after which time, if they have not rejected him as insufficiently qualified, they are bound to institute him, or to license him, as the case may be, to the benefice, and thereupon to send their mandate to the archdeacon to induct him into the temporalities of the benefice.
A benefice was held in commendam when granted either temporarily until a vacancy was filled up, or to a layman, or, in case of a monastery or abbey, to a secular cleric to enjoy the revenues and privileges for life (see Abbot), or to a bishop to hold together with his see.
The benefice is a rectory valued in the King 's Book at £ 7 7s.
The benefice is a discharged vicarage, valued in the king 's books at £ 6 1s.
The benefice is a vicarage of the annual value of £ 327, in the patronage of the vicar of St. James '.
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.
Questions in regard to the property in a benefice were for the courts Christian; in regard to its possession, for the king's courts.
Simony may be committed in three ways - in promotion to orders, in presentation to a benefice, and in resignation of a benefice.
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.
Being intended for the church, he obtained a benefice in the cathedral of Fermo.
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.
When ordered abroad they could nominate a son, if capable, to hold the benefice and carry on the duty.
Fisher sent him in August 1511 to teach in Cambridge; Warham gave him a benefice, Aldington in Kent, worth 33,6s.8d.
The word is particularly used of the income from an ecclesiastical benefice or of the salary paid to any minister of religion.