BENEFICE

BENEFICE was applied by the old Romans to the portions of lands obtained by conquest and given to the soldiers as rewards or beneficia for past services, and as an encouragement to future exertions. Hence in time it became applicable to the portions of land granted under the feudal system by a lord to his vassal for maintenance, and as a stipendiary return for military services which they were expected to render. In this sense, a benefice was an estate in land, at first granted for life only, and so called because it was held ex mero beneficio of the donor; and the tenants were bound to swear fealty to their lord, and to serve him in the wars. In aftertimes, as these tenures became perpetual and hereditary, the name of beneficia was transferred to the livings of the clergy, and that of feuda assumed.

According to Duarenus, its strict and proper interpretation is "an ecclesiastical estate which is granted to some priest or clergyman for term of life, to be enjoyed by him on the account of his ministry in the church." But in the various statutes relating to church matters the term is expressly defined. Under the 12th section of the 1st and 2d Vict. cap. 106, and section 3 of the Amendment Act, 14th and 15th Vict. cap. 98 (as to the holding of benefices in plurality), the word is to be understood to mean a "benefice with cure of souls," and therein to comprehend "all parishes, perpetual curacies, donatives, endowed public chapels, parochial chapels, and chapels or districts belonging or reputed to belong, or annexed or reputed to be annexed, to any church or chapel."

Under the 2d and 3d Vict. cap. 49, sec. 21 (relating to the assignment of districts to churches augmented by Queen Anne's Bounty), it extends to "all rectories with cure of souls, vicarages, perpetual curacies, and chapels, the incumbents of which respectively shall, in right thereof, be corporations sole."

Under the 5th and 6th Vict. cap. 27, sec. 15, and 5th and 6th Vict. cap. 108, sec. 31 (as to the grant of farming leases, and leases for long term of years), it comprehends "every rectory, vicarage, perpetual curacy, donative, endowed public chapel, parochial chapelry, and district chapelry, the incumbent of which, in respect thereof, shall be a corporation sole."

According to the canons of the Church of England, a benefice cannot be taken without the bishop's consent, nor be divided; and any division is decreed null, nor is it to be given on the bare report of the death of the incumbent, nor to be promised while full, nor to be seized by violence, nor to be farmed to a layman, unless to a clerk who shall be fully instituted as general procurator for the time agreed; and under the 1st and 2d Vict. cap. 106, sec. 108, benefices, so far as pluralities and residence are concerned, are subject to the jurisdiction of the archbishop or bishop within whose province or diocese they are locally situate.

The following requisites are indispensable in order to be legally entitled to a benefice: 1. Presentation, nomination, or collation; 2. Examination as to ability, &c., by the bishop; 3. Institution or collation, after taking the oaths against simony, of allegiance and supremacy, of canonical obedience, and by subscribing the three articles concerning the supremacy, the Common Prayer and the Thirty-nine Articles, and the declaration of conformity; 4. Induction; 5. Reading the Common Prayer, the Thirty-nine Articles, and declaring of assent thereto, together with the ordinary's certificate of subscription to the declaration of conformity; and, 6. Taking the oaths of allegiance, supremacy, and abjuration at the sessions.

An avoidance of a benefice takes place—1. By death; 2. By resignation; 3. By cession, or the acceptance of a benefice incompatible therewith; 4. By deprivation under a sentence in the ecclesiastical court; 5. By act of law, for simony, non-subscription of articles, &c.; and, 6. By non-compliance with the requisites.

Benefice II Bengal. By the returns for the year 1850 made to Her Majesty in council by the respective archbishops and bishops, there were in the dioceses of England and Wales—

Of these 11 are under L.10; 19 from L.10 to L.20; 32 from L.20 to L.30; 235 from L.30 to L.50; 1629 from L.50 to L.100; 1602 from L.100 to L.150; 1354 from L.150 to L.200; 1979 from L.200 to L.300; 1326 from L.300 to L.400; 830 from L.400 to L.500; 954 from L.500 to L.750; 323 from L.750 to L.1000; 134 from L.1000 to L.1500; 32 from L.1500 to 2000; 16 of L.2000 and upwards. Among the last-mentioned is the rectory of Stanhope, in the county of Northumberland, of the annual value of L.4843; and the rectory of Doddington, in the county of Cambridge, worth L.7306 a-year.

BENEFICE IN commendam (ecclesia commendata) is, according to Godolphin, an ecclesiastical living which, being void, is commended to the charge and care of some sufficient clerk, to be supplied until it may be conveniently provided with a pastor; the person to whom the church is thus commended having the fruits and profits thereof only for a certain time. The law relating to this subject has, however, been abolished by the 6th and 7th Will. IV. cap. 77, sec. 18, which enacts that no ecclesiastical dignity, office, or benefice, shall be held in commendam by any bishop, unless he held the same at the time of the passing of the act, and every commendam thereafter granted, whether to retain or to receive, and whether temporary or perpetual, is declared to be absolutely void to all intents and purposes.