Page:EB1911 - Volume 03.djvu/746

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BENEFICIARY—BENEKE

simony in accordance with that act, and to take and subscribe the oath of allegiance according to the form in the Promissory Oaths Act 1868. The bishop, by the act of institution, commits to the clerk the cure of souls attached to the office to which the benefice is annexed. In cases where the bishop himself is patron of the benefice, no presentation or petition is required to be tendered by the clerk, but the bishop having satisfied himself of the sufficiency of the clerk, collates him to the benefice and office. It is not necessary that the bishop himself should personally institute or collate a clerk; he may issue a fiat to his vicar-general, or to a special commissary for that purpose. After the bishop or his commissary has instituted the presentee, he issues a mandate under seal, addressed to the archdeacon or some other neighbouring clergyman, authorizing him to induct the clerk into his benefice,—in other words, to put him into legal possession of the temporalities, which is done by some outward form, and for the most part by delivery of the bell-rope to the clerk, who thereupon tolls the bell. This form of induction is required to give the clerk a legal title to his beneficium, although his admission to the office by institution is sufficient to vacate any other benefice which he may already possess.

By a decree of the Lateran council of 1215, which was enforced in England, no clerk can hold two benefices with cure of souls, and if a beneficed clerk shall take a second benefice with cure of souls, he vacates ipso facto his first benefice. Dispensations, however, could be easily obtained from Rome, before the reformation of the Church of England, to enable a clerk to hold several ecclesiastical dignities or benefices at the same time, and by the Peterpence, Dispensations, &c. Act 1534, the power to grant such dispensations, which had been exercised previously by the court of Rome, was transferred to the archbishop of Canterbury, certain ecclesiastical persons having been declared by a previous statute (1529) to be entitled to such dispensations. The system of pluralities carried with it, as a necessary consequence, systematic non-residence on the part of many incumbents, and delegation of their spiritual duties in respect of their cures of souls to assistant curates. The evils attendant on this system were found to be so great that the Pluralities Act 1838 was passed to abridge the holding of benefices in plurality, and it was enacted that no person should hold under any circumstances more than two benefices, and this privilege was made subject to the restriction that his benefices were within ten statute miles of each other. By the Pluralities Act 1850, the restriction was further narrowed, so that no spiritual person could hold two benefices except the churches of such benefices were within three miles of each other by the nearest road, and the annual value of one of such benefices did not exceed £100. By this statute the term benefice is defined to mean benefice with cure of souls and no other, and therein to comprehend all parishes, perpetual curacies, donatives, endowed public chapels, parochial chapelries and chapelries or districts belonging or reputed to belong, or annexed or reputed to be annexed, to any church or chapel. The Pluralities Acts Amendment Act 1885, however, enacted that, by dispensation from the archbishop, two benefices could be held together, the churches of which are within four miles of each other, and the annual value of one of which does not exceed £200.

All benefices except those under the clear annual value of £50 pay their first fruits (one year’s profits) and tenths (of yearly profits) to Queen Anne’s Bounty for the augmentation of the maintenance of the poorer clergy. Their profits during vacation belong to the next incumbent. Tithe rent charge attached to a benefice is relieved from payment of one-half of the agricultural rates assessed thereon. Benefices may be exchanged by agreement between incumbents with the consent of the ordinary, and they may, with the consent of the patron and ordinary, be united or dissolved after being united. They may also be charged with the repayment of money laid out for their permanent advantage, and be augmented wholly by the medium of Queen Anne’s Bounty.

A benefice is avoided or vacated—(1) by death; (2) by resignation, if the bishop is willing to accept the resignation: by the Incumbents’ Resignation Act 1871, Amendment Act 1887, any clergyman who has been an incumbent of one benefice continuously for seven years, and is incapacitated by permanent mental or bodily infirmities from fulfilling his duties, may, if the bishop thinks fit, have a commission appointed to consider the fitness of his resigning; and if the commission report in favour of his resigning, he may, with the consent of the patron (or, if that is refused, with the consent of the archbishop) resign the cure of souls into the bishop’s hands, and have assigned to him, out of the benefice, a retiring-pension not exceeding one-third of its annual value, which is recoverable as a debt from his successor; (3) by cession, upon the clerk being instituted to another benefice or some other preferment incompatible with it; (4) by deprivation and sentence of an ecclesiastical court; under the Clergy Discipline Act 1892, an incumbent who has been convicted of offences against the law of bastardy, or against whom judgment has been given in a divorce or matrimonial cause, is deprived, and on being found guilty in the consistory court of immorality or ecclesiastical offences (not in respect of doctrine or ritual), he may be deprived or suspended or declared incapable of preferment; (5) by act of law in consequence of simony; (6) by default of the clerk in neglecting to read publicly in the church the Book of Common Prayer, and to declare his assent thereto within two months after his induction, pursuant to an act of 1662.

See also Advowson; Glebe; Incumbent; Vicar; also Phillimore, Eccles. Law; Cripps, Law of Church and Clergy.

BENEFICIARY (from Lat. beneficium, a benefit), in law, one who holds a benefice; one who is beneficially entitled to, or interested in, property, i.e. entitled to it for his own benefit, and not merely holding it for others, as does an executor or trustee. In this latter sense it is nearly equivalent to cestui que trust, a term which it is gradually superseding in modern law.

BENEKE, FRIEDRICH EDUARD (1798-1854), German psychologist, was born at Berlin on the 17th of February 1798, studied at the universities of Halle and Berlin, and served as a volunteer in the war of 1815. After studying theology under Schleiermacher and De Wette, he turned to pure philosophy, studying particularly English writers and the German modifiers of Kantianism, such as Jacobi, Fries and Schopenhauer. In 1820 he published his Erkenntnisslehre, his Erfahrungsseelenlehre als Grundlage alles Wissens, and his inaugural dissertation De Veris Philosophiae Initiis. His marked opposition to the philosophy of Hegel, then dominant in Berlin, was shown more clearly in the short tract, Neue Grundlegung zur Metaphysik (1822), intended to be the programme for his lectures as privat-docent, and in the able treatise, Grundlegung zur Physik der Sitten (1822), written, in direct antagonism to Kant’s Metaphysic of Ethics, to deduce ethical principles from a basis of empirical feeling. In 1822 his lectures were prohibited at Berlin, according to his own belief through the influence of Hegel with the Prussian authorities, who also prevented him from obtaining a chair from the Saxon government. He retired to Göttingen, lectured there for some years, and was then allowed to return to Berlin. In 1832 he received an appointment as professor extraordinarius in the university, which he continued to hold till his death. On the 1st of March 1854 he disappeared, and more than two years later his remains were found in the canal near Charlottenburg. There was some suspicion that he had committed suicide in a fit of mental depression.

The distinctive peculiarity of Beneke’s system consists, first, in the firmness with which he maintained that in empirical psychology is to be found the basis of all philosophy; and secondly, in his rigid treatment of mental phenomena by the genetic method. According to him, the perfected mind is a development from simple elements, and the first problem of philosophy is the determination of these elements and of the processes by which the development takes place. In his Neue Psychologie, (essays iii., viii. and ix.), he defined his position with regard to his predecessors and contemporaries, and both there and in the introduction to his Lehrbuch signalized as the two great stages in the progress of psychology the negation of innate ideas by Locke, and of faculties, in the ordinary acceptation of the