Benefice

An ecclesiastical preferment.

In its more extended sense, it includes any such preferment; in a more limited sense,

An ecclesiastical preferment.

In its more extended sense, it includes any sneb preferment; in a more limited sei: applies to rectories and vicarages only, i icium; Simony.

Fr.

In French law. A banefit or advantage, and particularly a privilege given by the law rather than by the agreement of the parties.

— Benefice de discussion. Benefit of discussion. The right of a guarantor to require that the creditor should exhaust his recourse agninst the principal debtor before having recourse to the guarantor himself.

— BSn6fice de division. Benefit of division ; right of contribution as between co-sureties.

— BCnefiee d'inventaire. A term which corresponds to the beneficium inventarii of Roman law, and substantially to the English law doctrine that the executor properly accounting is only liable to the extent of the assets received by him

— Beneflciaire. The person in whose favor a promissory note or bill of exchange is payable; or any person in whose favor a contract of any description is executed. Arg. Fr. Merc. Law, 547.

In ecclesiastical law. In Its technical sense, this term includes ecclesiastical preferments to which rank or public office is attached, otherwise described as ecclesiastical dignities or offlcos, such as bishoprics, deaneries, and the like; but in popular acceptation, it is almost invariably appropriated to rectories, vicarages, perpetual curacies, district churches, and endowed chapelries. 3 Steph. Comm. 77. "Benefice" is a term derived from the feudal law, in which it signified a permanent stipendiary estate, or an estate held by feudal tenure, 8 Steph. Comm. 77, note, i; 4 Bl. Comm. 107.

In English ecclesiastical law. An church preferment, called in Magna Charta, ticum. Technically the word includes ecclesiastical which rank or public oEBce is attached, otherwise siastical dignities or offices, such as bishoprics, some tenants were corn in harvest. of. v. Coram. self; personal carpro hoerede. or fact, formed, in from information, as Goths, v. Bilagines; etc. in war, aa distin-; the trial by single things acquired mean, as in statutes residence. court from which a Preliminary; auxiliary called " bail below," the putting in of administration of jusjudges themselves, and original name of Bench. Bench or court for the arthe English Inns of; in due form. destrnctione, I That from destruction v. Ut res magis, ecclesiastical living or beneficium ecclesiaspreferments to described as eccledeaneries and the

A gratuitous donation, as, an estate by feudal tenure; also, an eoclesi- 1 See 3 Bl. Com. 41; 4 id. 365. » Holthouse's Law Diet. astical living or church preferment given or held for life. 1

In England, a church living.

[L. Lat. beneficium.] In English ecclesiastical law. An ecclesiastical living or church preferment, called in Magna Charta, (c. 14), beneficium eccle^iasticum.

In its technical sense, this term includes ecclesiastical preferments to which rank or public office is attached, otherwise described as ecclesiastical dignities or offices, such as bishoprics, deaneries and the like; but, in popular acceptation, it is almost invariably appropriated to rectories, vicarages, percuracies, district churches and en- Setual owed chapelries. 3 Steph. Com. 77. By a late act of parliament, 1 and 2 Vict. c. 106, s. 124, a distinction is expressly made between benefices, and such preferments as have either rank or public office connected with ihem. Id, ibid, note {k). Benefice is a term derived from the feudal law, in which it signified a permanent stipendiary estate, or an estate held by feudal tenure. 3 Steph. Com. 77, note (t). 4 Bl. Com. 107. See Beneficium. When the principle of tenure of a superior came to be applied to church prefernaents, the name of the estate thus holden was also adopted, and hence the care of souls or parishes in England obtained the appellation of benefices. 4 Bl. Com. 107. 4 Steph. Com. 206. Tomlins.

eccles. law, is in its most extended sense, any ecclesiastical preferment or dignity; but in its more limited sense, it is applied only to rectories and vicarages.