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Benefice

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[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.