Beneficiary

A term suggested by Judge Story as a substitute for cestui que trust (q. V.) (1 Story, Eq. Jur. § 321), and now quite largely adopted. BENEFICIO PRIMO (more fully, beneficio primo ecclesiastico habendo). A writ directed from the king to the chancellor commanding him to bestow the benefice which shall first fall in the king's gift, above or under a certain value, upon a particular and certain person.

Reg. Grig. 307.

BENEFICIUM (Lat. beneficere). A portion of land or other immovable thing granted by a lord to his followers for their stipend or maintenance. In the early feudal times, grants were made to continue only during the pleasure of the grantor, which were called munera, but soon afterwards these grants were made for life, and then they assumed the name of benefida.

Dalr. Feud. Prop. 199.

Pomponius Laetus, as cited by Hotoman (De Feudis, c. 2), says "that it was an ancient custom, revived by the Emperor Constantine, to give lands and villas to those generals, prefects, and tribunes who had grown old in enlarging the empire, t6 supply their necessities as long as they lived, which they called 'parochial,' — ^parishes, etc. But between fiefs or feuds {feuda) and parishes (parochias) there was this difference, that the latter were given to old men, veterans, etc., who, as they deserved well of the republic, were sustained the rest of their life {jpuhlico beneficio) by the public benefaction; or, if any war afterwards arose, they were called out not so much as soldiers as leaders (magistri militum). Feuds (feuda), on the other hand, were usually given to robust young men who could sustain the labors of war. In later times, the word parochia was appropriated exclusively to ecclesiastical persons, while the word beneficium (militare) continued to be used in reference to military fiefs or fees." In Civil Law. Any favor or privilege.