Benefice - Definition - Law Dictionary Home Dictionary Definition benefice

Definition :

Benefice [fr. beneficium, M. Lat., a kindness], an ecclesiastical living and promotion, a rectory or vicarage: all church preferments except bishoprics; also a fief in the feudal system. See s. 13(1) of the (English) Benefices Act, 1898 (61 & 62 Vict. C. 48).

The (English) Benefices Act, 1898, requires registration of the transfer of the right of patronage of a benefice, prohibits the sale of the right of the next presentation thereto, and requires a bishop before collating or admitting a clergyman to a benefice to give one month's notice to the churchwardens of the parish of the intended collation or admission.

By the (English) Benefices Act, 1898 (Amendment) Measure, 1923 (14 & 15 Geo. 5, No. 1), s. 1, a right of patronage is to be incapable of sale after the benefice has been twice vacant subsequent to 14 July, 1924; and by s. 2 a patron may make a declaration under seal that his right of patronage shall thenceforth be without power of sale. And by the (English) Benefices (Transfer of Rights of Patronage) Measure, 1930 (20 & 21 Geo. 5, No. 8), a person intending to transfer a right of patronage must give notice to the bishop.

When a right of patronage has been transferred the Parochial Church Council now has power under the (English) Benefices (Purchase of Rights ofPatronage) Measure, 1933 (23 Geo. 5, No. 1), within three years from the date of registration of the transfer, to purchase the advowson from the new patron, in which case it will be vested in the Diocesan Board of Patronage.

The (English) Benefices Act, 1898, allows a bishop to refuse to institute a clergyman to a benefice, on the ground (1) that a year has not elapsed since the last transfer of the right of patronage, or (2) that at the date of presentation not more than three years have elapsed since the presentee was ordained deacon, or that the presentee is unfit for the discharge of the duties of the benefice by reason of physical or mental infirmity or incapacity, pecuniary embarrassment of a serious character, grave mis-conduct or neglect of duty in an ecclesiastical office, evil life, having by his conduct caused grave scandal concerning his moral character since his ordination, or having, with reference to the presentation, been knowingly party or privy to any transaction or agreement which is invalid under the Act.

From a bishop's refusal to institute on any of the above grounds, or any other ground otherwise sufficient, except of doctrine or ritual, there is an appeal to the archbishop of the province and a judge of the Supreme Court. The (English) Benefice (Exercise of Rights of Presentation) Measure, 1931 (21 & 22 Geo. 5, No. 3), gives to Parochial Church Councils some control over presentations.

As to the union of benefices, see the (English) Union of Benefices Measures, 1923 (14 & 15 Geo. 5, No. 2) and 1936 (26 Geo. 5 & 1 Edw. 8, No. 2).

A feudal estate in land, held during the life of the tenant, Black's Law Dictionary, 7th Edn.