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LSDefine

Simple English definitions for legal terms

beneficium

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A quick definition of beneficium:

Beneficium is a Latin word that means "benefit". In Roman law, it referred to a privilege or benefit granted by law, such as the ability to refuse an inheritance. In English law, it was an estate in land granted by a king or lord in exchange for services. In ecclesiastical law, it referred to a feudal tenure for life in church-owned land. Over time, the meaning of beneficium narrowed to refer specifically to an ecclesiastical living, or benefice. It could also refer to any particular privilege or favor, such as the benefit of clergy.

A more thorough explanation:

Term: Beneficium
Definition: Beneficium is a Latin word that means "benefit." It has several historical meanings:
1. In Roman law, it refers to a privilege, remedy, or benefit granted by law. For example, the beneficium abstinendi allowed an heir to refuse an inheritance and avoid the accompanying debt.
2. In medieval times, it referred to a lease given by a ruler or lord to a freeman. This lease was generally for life.
3. In English law, it referred to an estate in land granted by the king or a lord in exchange for services. Originally, it could not be passed to the holder's heirs, but over time it became a heritable estate.
4. In ecclesiastical law, it referred to a feudal tenure for life in church-owned land, especially land held by a layperson.
5. It can also refer to any particular privilege or favor, such as the benefit of clergy.
Examples:
- The beneficium abstinendi allowed heirs to avoid inheriting debt.
- A lord might grant a beneficium to a freeman, allowing him to lease land for life.
- In exchange for services, a king might grant a beneficium, which eventually became a heritable estate.
- A layperson might hold a beneficium in church-owned land.
- Benefit of clergy was a specific beneficium granted to members of the clergy, allowing them to be tried in ecclesiastical courts instead of secular ones.

beneficio primo ecclesiastico habendo | beneficium abstinendi

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