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BENEDICT.

remarkable that the founder of the most learned of all the monastic orders was himself so little of a scholar, that St Gregory the Great described him as being scienter nesciens, et sapienter indoctus'— learnedly ignorant, and wisely unlearned. St B. died March 21, 543.

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BENEDICT, SAINT, the founder of monachism in the west, was born of a rich and respected family at Nursia, in Umbria, Italy, 480 a.d. At an early age B. was sent to the schools of literature and jurisprudence at Rome, but soon grew dissatisfied with the sterile character of the instruction dispensed. The world was full of distractions, impuri- BENEDICT is the name of fourteen popes. Of ties, and ignorance; and it was difficult to resist by these only the following are historically important the ordinary safeguards of virtue, the colossal evils by enough to deserve special mention.-BENEDICT which men were environed; only, therefore, in the VIII., son of Count Gregory of Tuscoli, was elected devotions of religion, in the holy silence of solitary in 1012; but was driven from Rome by the antimeditation, did B. see a safe refuge from the sins of pope Gregory. In 1014, he was restored to the the time, and the possibility of realising a spiritual papal chair by the Emperor Henry II., and afterstrength which would enable him to stem the tide wards defeated the Saracens, and took from them, of corruption that was setting in. He resolved to with the help of the Pisans and Genoese, the island leave the city, and betake himself to some deep of Sardinia; and also various places in Apulia from solitude in which the murmur of the world would be the Greeks, by the help of Henry. He distinguished inaudible, and alone in the rocky wilderness wrestle himself as a reformer of the clergy, and interdicted, with his own nature, until he had conquered it at the synod of Pavia, both clerical marriage and and laid it a sacrifice on the altar of God. In pur- concubinage. He died in 1024.-BENEDICT IX., a suance of this resolution, when he had only reached, nephew of the preceding, was elected pope at the according to some, the age of 14, he departed from age of 18, in 1033; but in 1038, the Romans rose in Rome, accompanied for the first 24 miles by the indignation, and banished him on account of his nurse whom his parents had sent with him as an almost unexampled licentiousness. He was reinattendant to the city. B. then left her, and retired stalled by Conrad II.; again formally deposed by to a deserted country lying on a lake, hence called the Consul Ptolemæus, who set up Sylvester III. in Sublacum (now Subiaco). Here, in a cavern (which his place; and after three months, was once more afterwards received the name of the Holy Grotto), installed as pope by means of bribery. By a new he dwelt for three years, until his fame spread simoniacal compact, John Gratianus was declared over the country, and multitudes came to see pope under the name of Gregory VI. The Emhim. He was now appointed abbot of a neigh- peror Henry III., to remove such gross scandals bouring monastery; but soon left it, as the from the church, deposed all the three popes-B., morals of the half-wild monks were not severe Sylvester, and Gregory, and caused Suidger, enough for his taste. This, however, only excited a bishop of Bamberg, to be elected as Clement II. livelier interest in his character, and as he lived in but on his death, in 1047, the deposed B. IX. again a period when the migration and interfusion of corruptly regained the papal see, and held it eight races and nations were being rapidly carried on, months, until 1049, when he was displaced, first by he could not fail to draw crowds of wanderers Damasus II., and afterwards by Leo IX. He died in about him. Wealthy Romans also placed their sons the convent of Grotta Ferrata in 1056.-BENEDICT under his care, anxious that they should be trained XIII., 1724-1730, was a learned and well-disposed for a spiritual life. B. was thus enabled to found man, of simple habits and pure morals, though twelve cloisters, over each of which he placed a rather strict in his notions of the papal prerogative. superior. The savage Goths even were attracted He unfortunately yielded himself to the guidance of to him, and employed in the useful and civilising Cardinal Coscia, a greedy, unscrupulous personage, practice of agriculture, gardening, &c. He now who greatly abused the confidence reposed in him. sought another retreat, and, along with a few B. always exhibited great moderation in politics, followers, founded a monastery on Monte Cassino, and an honourable love of peace, and was instrunear Naples, afterwards one of the richest and mental in bringing about the Seville treaty of 1729. most famous in Italy. Here he extirpated the During this pontificate, a remarkably large number lingering relics of paganism, and had his cele- of saints, chiefly from the monastic orders, were brated interview with Totila, king of the Goths, to added to the calendar.-BENEDICT XIV. (PROSPERO whom he spoke frankly and sharply on his errors. LAMBERTINI), the most worthy to be remembered of In 515, he is said to have composed his Regula all the pontiffs so named, was born at Bologna in Monachorum, in which he aimed, among other 1675. Before his elevation, he had distinguished things, at repressing the irregular and licentious life himself by extensive learning, and by ability in the of the wandering monks, by introducing stricter several offices of Promotor Fidei, bishop of Ancona discipline and order. It eventually became the (1727), cardinal (1728), and archbishop of Bologna common rule of all western monachism. The (1732). Succeeding Clement XII., he began his monasteries which B. founded were simply religious pontificate, in 1740, with several wise and conciliacolleges, intended to develop a high spiritual char-tory measures; founded chairs of physic, chemistry, acter, which might beneficially influence the world. To the abbot was given supreme power, and he was told to acquit himself in all his relations with the wisdom of God, and of his Master. The discipline recommended by St B. is, nevertheless, milder than that of oriental monachism with regard to food, clothing, &c.; but enjoins continual residence in the monastery, and, in addition to the usual religious exercises, directs that the monks shall employ themselves in manual labours, imparting instruction to youth, copying manuscripts for the library, &c. By this last injunction, St B., though this was not directly intended, preserved many of the literary remains of antiquity; for the injunction, which he gave only with regard to religious books, was extended afterwards to many secular productions. It is

and mathematics in Rome; revived the academy of Bologna, and instituted others; dug out the obelisk in the Campus Martius, constructed fountains, rebuilt churches; caused the best English and French books to be translated into Italian; and in many other ways encouraged literature and science. His piety was sincere, enlightened, and tolerant, and his doctrines were well exemplified in his practice. He was extremely anxious that the morals of the clergy should be untainted; and, to that effect, established a board of examiners for all candidates to vacant sees. In proof of his toleration, he shewed the frankest kindness to all strangers visiting his capital, whatever the nature of their religious opinions. The only accusation brought against him by his Roman subjects was,

BENEDICTINES-BENEDICTION.

'that he wrote and studied too much, but ruled too little,' or left affairs of business too much in the hands of the Cardinal Valentine. After a painful illness, B. XIV. died May 3, 1758.-His most important works are that On the Diocesan Synod; On the Sacrifice of the Mass; and On the Beatification and Canonisation of Saints. A complete edition of his writings was published under the care of the Jesuit de Azevedo (12 vols., Rome, 1747-1751), and in 16 vols., Venice, 1777.

Several

of Dunfermline, Coldingham, Kelso, Arbroath,
Paisley, Melrose, Newbottle, Dundrennan, and
others. In Germany, several Benedictine monks
distinguished themselves as promoters of education
in the 10th c.; while in the latter half of the
11th c., the B. Lanfranc and Anselm, archbishops
of Canterbury, laid the foundation of medieval
scholasticism. In Italy, also, the B. gained dis-
tinction as literati, jurists, and physicians; but
almost everywhere corruption of manners appears
to have accompanied increasing wealth, until gradu-
ally it became the practice to receive, almost
exclusively, the sons of noble and wealthy persons
as novices among the 'Black Monks.'
of the popes attempted a reformation of the order,
and at the general Council of Constance, 1416,
a plan of reform was laid down, but failed in
being carried into practice. In the 15th c., the B.
had 15,107 monasteries, of which only 5000 were
left after the Reformation, and now not more
than about 800 can be counted. As early as 1354,
this order could boast of having numbered among
its followers 24 popes, 200 cardinals, 7000 arch-
bishops, 15,000 bishops, 1560 canonised saints,
and 5000 holy persons judged worthy of canonisa-
tion, and 37,000 monasteries, besides 20 emperors,
10 empresses, 47 kings, above 50 queens, 20 sons of
emperors, 48 sons of kings, 100 princesses, and an
immense number of the nobility. Tanner (Notit.
Monast.) enumerates 113 abbeys and other institu-
tions of B. in England, and 73 houses of Bene-
dictine nuns. From their dress-a long black
gown, with a cowl or hood of the same, and a
Monks.' The institution of convents for nuns of
scapulary-the B. were commonly styled 'Black
this order cannot be traced back beyond the 7th c.

The rule of St Benedict was less severe than that

BENEDICTINES, the general name of all the monks following the rule of St Benedict. The first Benedictine monastery was that founded at Monte Cassino, in the kingdom of Naples, about 529, by St Benedict himself. The order increased so rapidly, after the 6th c., that the B. must be regarded as the main agents in the spread of Christianity, civilisation, and learning in the west. They are said at one time to have had as many as 37,000 monasteries, and counted among their branches the great order of Clugny, founded about 910; the still greater order of the Cistercians, founded in the following century; the congregations of Monte Cassino in 1408, of St Vanne in 1600, and of St Maur on the Loire, in 1627. To this last congregation all the Benedic tine houses in France were affiliated. It had afterwards its chief seat at St Maur, near Vincennes, and more lately at St Germain-des-Prés, near Paris. Its fine conventual buildings at St Maur on the Loire, were destroyed during the revolutionary troubles. Numbering among its monks such scholars as Mabillon, Montfaucon, Sainte-Marthe, D'Achery, Martene, Durand, Rivet, Clemencet, Carpentier, Toustain, Constant, and Tassin, it has rendered services to literature which it would be difficult to overestimate. Besides admirable editions of many of the fathers, the world of letters owes to the B. of St Maur, the Art de Vérifier les Dates (1783-1787, in 3 which the eastern ascetics followed. Besides implicit vols. fol.); a much enlarged edition of Ducange's obedience to their superior, the B. were to shun Glossarium Media et Infimæ Latinitatis (1733- laughter, to hold no private property, to live sparely, 1736, in 6 vols. fol.), with a Supplement (1766, in 4 to exercise hospitality, and, above all, to be industrivols. fol.); the De Re Diplomatica (1681 and 1709, ous. Compared with the ascetic orders, the B., both fol.); the Nouveau Traité de Diplomatique (1750 in dress and manners, may be styled the gentlemanly 1765, in 6 vols. 4to); L'Antiquité Expliquée (1719-order of monks; and whatever may be said of their 1724, in 15 vols. fol.); the Monuments de la Monarchie religion, they deserve a high tribute of respect for Française (1729-1733, in 5 vols. fol.); the Acta their artistic diligence and literary undertakings. Sanctorum S. Benedicti (1688-1702, in 9 vols. fol.); Speaking of the great productions of the B. above the Annales Ordinis S. Benedicti (1713-1739, in 6 noticed, Sir Walter Scott characterises them as vols. fol.); a new and much improved edition of the works of general and permanent advantage to Gallia Christiana (1715-1856, in 14 vols. fol.); the the world at large; shewing that the revenues Veterum Scriptorum Spicilegium (1653-1677, in 13 of the B. were not always spent in self-indulvols. 4to); the De Antiquis Monachorum Ritibus gence, and that the members of that order did (1690, in 2 vols. 4to); the De Antiquis Ecclesiae not uniformly slumber in sloth and indolence.' Ritibus (1700-1702, in 3 vols. 4to); the Thesaurus Among the chief works on the history of the Novus Anecdotorum (1717, in 5 vols. fol.); the B., are the Annales Ordinis S. Benedicti, and the Veterum Scriptorum et Monumentorum Amplissima Acta Sanctorum S. Benedicti, already referred to; Collectio (1724-1733, in 9 vols. fol.); the Histoire Reyner's Apostolatus Benedictinorum in Anglia Litteraire de la France (1733-1749, in 9 vols. 4to). (Douai, 1626, fol.); the Bullarium Cassinense The B. were suppressed in France, along with the (Venice, 1650, 2 vols. fol.); Tassin's Histoire de other monastic orders, at the Revolution in 1792; la Congrégation de Saint Maur (Paris, 1770); and their splendid conventual buildings at St Maur Chronica de la Order de San Benito (Salamanca, on the Loire were destroyed. They have lately been 1609-1615, 7 vols. fol.); Regula S. Benedicti et revived; and the B. of Solesmes, established in 1837, Constitutiones Congregationis S. Mauri (Paris, 1770, have resumed, under the direction of Dom Gueranger, Svo); Montalembert's Moines de l'Occident. Dom (now Cardinal) Pitra, and others, some of the works which the B. of St Maur left unfinished, and entered on literary enterprises of their own, such as the Spicilegium Solesmense, in 10 vols. 4to, of which four have already appeared. The chief B. houses in Germany were those of Prüm, Ratisbon, Fulda, Ellwang, and Saltzburg; in Spain, they had Valladolid, Burgos, and Montserrat; in Italy, Monte Cassino, Rome, Padua, and Capua. In England, most of the richest abbeys and all the cathedral priories (excepting Carlisle) belonged to this order. In Scotland the B. had the monasteries

BENEDICTION (from the Lat. benedicere, to speak well), signifies a solemn invocation of the Divine blessing upon men or things. The ceremony in its simplest form may be considered almost coeval with the earliest expressions of religious feeling. We know from Holy Writ that the Jewish patriarchs before they died invoked the blessing of God upon their children, and at a later period the priests were commanded to implore the Divine blessing upon the people. Christ sanctioned the custom, which was consequently carried forward into the primitive church, where it gradually developed itself in

BENEDICTUS-BENEFIT SOCIETIES.

different forms. In the eastern as well as the western church, it is considered an essential preliminary to almost all important acts. One of the most superb spectacles that a stranger at Rome can witness, occurs on Easter Sunday, when the pope, attended by his cardinals, pronounces after mass a solemn B. urbi et orbi (on the city and the world). The B., however, is not confined to a form of prayer, but is accompanied with sprinkling of holy-water, use of incense, making the sign of the cross, &c. The chief cases in which a B. is bestowed are the coronation of kings and queens, the confirmation of all church dignitaries, and the consecration of church vessels, bells, and sacred robes; the nuptial ceremony, the absolution, and the last sacrament. The most solemn form of B. in the Roman Church is that with the Most Holy Sacrament,' which is administered by the bishop or priest with the monstrance or ostensory containing the consecrated elements. Besides these, lands, houses, cattle, &c., often receive a B. from the priest. In the English church-service, there are two benedictions; in the Scotch, only one. In the Greek Church, when the B. is being pronounced, the priest disposes his fingers in such a manner as to convey symbolically to those of the faithful who are close enough to observe the arrangement, the doctrine of the Trinity and the twofold nature of

Christ.

BENEDICTUS, the so-called 'canticle of Zachary' (Luke i. 68-79), which forms part of the office of lauds in the Roman breviary. It has been set to music by all the most eminent composers.

bishop within whose province or diocese they are locally situated.

There are, in general, four requisites to the enjoyment of a benefice. 1st, Holy orders, or ordination at the hands of a bishop of the established church or other canonical bishop (a Roman Catholic priest may hold a benefice in the Church of England on abjuring the tenets of his church, but he is not ordained again); 2d, Presentation, or the formal gift or grant of the B. by the lay or ecclesiastical patron; 3d, Institution at the hands of the bishop, by which the cure of souls is committed to the clergyman; and 4th, Induction, which is performed by a mandate from the bishop to the archdeacon to give the clergyman possession of the temporalities. Where the bishop is himself also patron, the presentation and institution are one and the same act, and called the collation to the benefice. In Scotland, the law on this subject is regulated by the 6 and 7 Vict. c. 61, passed in 1843, and commonly called Lord Aberdeen's Act. See ESTATE, LIVING, PARISH, PLURALISM.

applied to the holder of a benefice. It may also denote estate held in trust by others, in which latter sense a person who is in the enjoyment of any interest or it is strictly and technically used in the law of Scotland, all having right or interest in trust-funds and estate being in that system called beneficiaries. The technical term in the law of England corresponding to this latter meaning of the word is cestui que trust (q. v.). Patent rights and copyrights are denominated B. privileges. See TRUST.

BENEFICIARY is a legal term sometimes

BE'NEFIT SOCIETIES, associations for mutual benefit chiefly among the labouring classes, and of which there are now great numbers; being better known under the name of FRIENDLY SOCIETIES, We refer for an account of them to that head. Meanwhile, we confine attention to that peculiar species of associations called BENEFIT BUILDING SOCIETIES, which are much better described as Building Societies only. These are societies established for the purpose of raising, by periodical subscriptions, a fund to assist members in obtaining heritable property, freehold or otherwise. They were formerly regulated by an act passed in 1836, the 6 and 7 William IV., and continued under its provisions till November 1874, when a new act, which received the royal assent in July of that year, came into operation. All societies established thereafter must be governed by this later act, and those which were in existence at the time of its enactment may adopt it, but it is not compulsory upon them to do so. The act of 1836 declares that it shall be lawful to establish such societies, for the purpose of enabling the members to erect and purchase dwell

BE'NEFICE, or BENEFICIUM (Lat. ‘a good deed,' also a favour,' and hence a grant,' or a provision' generally, and now more especially, a provision made for an ecclesiastical person), was a term formerly applied to feudal estates, but is now used to denote certain kinds of church preferment, such as rectories, vicarages, and other parochial cures, as distinguished from bishoprics, deaneries, and other ecclesiastical dignities or offices. In this sense a distinction is accordingly taken by the 1 and 2 Vict. c. 106, s. 124, between benefices and cathedral preferments; by the former being meant all parochial or district churches, and endowed chapels and chapelries; by the latter, all deaneries, archdeaconries, and canonries, and generally all dignities and offices in any cathedral or collegiate church, below the rank of a bishop. See note in 3 Stephen's Com., p. 27. By the 5 and 6 Vict. c. 27, s. 15, which is an act to enable incumbents to devise lands on farming leases, it is enacted that the word B. shall be construed to comprehend all such parochial preferment as we have above described, 'the incumbent of which, in right thereof, shall be a corporation sole' (q. v.); and by an acting-houses, or acquire other real or leasehold estate, passed in the same session, chapter 108, being an act for enabling ecclesiastical corporations to grant long leases, it is, by section 31, declared that B. shall mean every rectory, with or without cure of souls, vicarage, &c., the incumbent or holder of which shall be a corporation sole. But by a later act, the 13 and 14 Vict. c. 98, which is an act to extend a former act, the 1 and 2 Vict. c. 106, against pluralities, the term B. is, by section 3, explained to mean B. with the cure of souls and no other, anything in any other act to the contrary notwithstanding. Benefices are also exempt or peculiar, by which is meant that they are not to be under the ordinary control and administration of the bishop; but, by section 108 of the 1 and 2 Vict. c. 106, above mentioned, it is provided that such exempt or peculiar benefices shall nevertheless, and so far as relates to pluralities and residence, be subject to the archbishop or

but which shall be mortgaged to the society until the amount or value of the shares drawn on shall be fully repaid with interest and all other appropriate payments. A share is not to exceed in value £150, and the corresponding monthly subscription is not to be more than twenty shillings. A majority of the members may make rules and regulations for the government and guidance of the society, such rules not being repugnant to the provisions of the act, nor to the general laws of the realm; and for offences against these rules and regulations, fines, penalties, and forfeitures may be inflicted. member shall be allowed to receive any interest or dividend on his share until the same has been realised, except on the withdrawal of such member according to the rules of the society.

No

The new act considerably enlarges the scope and powers of B. S. Section 13 declares that any

BENEFIT SOCIETIES-BENEFIT OF CLERGY.

members. Other large towns in the provinces are not far behind, and in London the societies are numerous, and in the main prosperous. The Royal Commissioners on Friendly Societies, reporting on this branch of their subject in 1872, say that they are below the mark in assuming that building societies form a group of bodies with a subscribed capital of over £9,000,000, a loan or deposit capital of over £6,000,000, over £17,000,000 total assets, having over £16,000,000 advanced on mortgage, and an income of over £11,000,000.

The theory of these institutions is very simple. Money is collected in comparatively small sums from large numbers of people, and lent to others who borrow upon real security, either to build or trade, or for any other purpose. There was a time when members were only permitted to subscribe fixed sums at stated times, and every departure from rule was visited by heavy fines. Now, in the best-conducted societies at least, every facility is given for varying powers of investment to find a place for capital, little or much; and entrance and withdrawal are equally easy. In most cases, the repayments are upon a scale calculated to pay off both principal and interest in a certain number of years, usually about fourteen, but advances on private mortgage or repayable at the borrower's convenience are becoming more frequent every year. In fact, the almost limitless adaptibility of the building society system has only been appreciated of late years, and every decade sees changes and improvements in it. Under the new legislation the societies may look forward to a still more prosperous future.

number of persons may establish a society, either terminating or permanent, for the purpose of raising, by the subscriptions of the members, a stock or fund for making advances to members out of the funds of the society, upon security of freehold, copyhold, or leasehold estate, by way of mortgage; and any society under the act shall, so far as is necessary for the said purpose, have power to hold land, with the right of foreclosure, and may from time to time raise funds by the issue of shares of one or more denominations, either paid up in full or to be paid by periodical or other subscriptions, and with or without accumulating interest, and may repay such funds when no longer required for the purposes of the society. It will be seen that the restrictions of £150 and twenty shillings have disappeared, the contributions and ultimate value of a member's interest being at his own discretion. The liability of members, in respect of shares upon which an advance has been made, is limited to the amount actually paid or in arrear thereon; and in respect of shares upon which advances have been made, is limited to the amount payable under any mortgage or other security, or under the rules. Societies are empowered to receive deposits or loans, from members or other persons, corporate bodies, joint-stock companies, or terminating building societies, provided, in the case of permanent societies, that the total amount owing at one time shall not exceed two-thirds of the amount for the time being secured to a society by mortgages from its members; and in the case of terminating societies, shall not exceed two-thirds as aforesaid, or a sum not exceeding twelve months' subscriptions on the BENEFIT OF CLE'RGY. This expression shares for the time being in force. Societies estab- relates to happily a former state of the law of lished under or adopting the act of 1874 are bodies England, which at once shews the power of the corporate, having perpetual succession and a common clergy and the ignorance of the people. seal, thus dispensing with the cumbrous and incon- otherwise called privilegium clericale, and in the venient system of trusteeship. Their rules must days of its real meaning and force, the benefit or specify the society's name and place of meeting; privilege meant little short of the total exemption mode of raising funds, with their purposes and of the clerical order, in respect of crimes and mode of investment; terms of withdrawal and offences, from the jurisdiction and authority of the repayment; manner of alteration of rules; the secular magistrate-an exemption pretended to be appointment, remuneration, and removal of officers; founded upon the text of Scripture, "Touch not provisions as to general and special meetings, and mine anointed, and do my prophets no harm.' The the settlement of disputes, custody of seal, mortgage only exception to this was the priest being held in deeds, and securities, powers of directors and other custody by the king himself; but even in that case, officers, fines, and mode of dissolution. Societies he could only remain in such regal custody with may unite with others, or one society may transfer the pleasure and consent of the bishop, who had its engagements to another. They may purchase, entire control over his person, and over the inquiry build, hire, or take on lease any building for con- into his offence. If a priest or 'clerk' happened to be ducting their business. Minors may be members, but imprisoned by the secular arm, on a criminal charge cannot vote or hold office during nonage. Accounts or capital felony, he was, on the bishop's demand, to are to be furnished to members and loan depositors be instantly delivered up without any further inquiannually. The societies are exempt from stamp-sition; not, indeed, to be let loose upon the country, duties of every kind, except those upon mortgages; but to be detained by the ordinary, till he had while those which continue under the act of 1836 retain their present exemption from stamp-duty upon mortgages also up to £500. It is not probable that this difference will be permitted to continue long; and even now the slight gain is more than counterbalanced by the privileges of incorporation, &c. conceded by the act of 1874. Receipts endorsed upon mortgages are sufficient discharges without

reconveyance.

Two great divisions of building societies exist, the terminating and the permanent, but the latter are rapidly superseding the former. In the best-conducted societies, subscriptions are received at any time and to any amount, at the option of the member. The majority of members pay from ten to twenty shillings per month, and others pay smaller or much larger sums as convenient. Very large sums are received in some societies. Two societies in Bradford, Yorkshire, alone receive £900,000 per annum, and have 20,000 contributing

It was

either purged himself from the offence, or, having
failed to do so, had been degraded; and this state
of things continued till the reign of Henry VI.,
when it was settled that the prisoner should first
be arraigned, and might either then claim his
B. of C. by plea declining the jurisdiction, or, as
was most usually practised, after conviction, by way
of arresting judgment. The test
of admission to
this singular privilege was the clerical dress and
tonsure; and a story is told of one William de
Bussy, a serjeant-at-law, 1259 A.D. (the practising
lawyers then were all priests), who, being called
to account for his great knavery and malpractices,
claimed the benefit of his orders or clergy, which
till then remained an entire secret, and to this
end wished to untie his coif, that he might shew
that he had the clerical tonsure; but this was not
the coif, but by the throat, dragged him to prison.
permitted, and the bystanders seizing him, not by
See 1, Stephen, p. 17. But in course of time

BENEFIT OF INVENTORY-BENEVOLENCE.

a much wider and more comprehensive criterion was established, all who could read, whether of the clergy or laity—a mark of great learning in those days-and therefore capable of becoming clerks, being allowed the privilege. But laymen could only claim it once, and upon so doing, were burned on the hand, and discharged; to be again tried, however, by the bishop, whose investigation usually resulted in an acquittal, which, although the offender had been previously convicted by his country, or perhaps by his own confession, had the effect of restoring him to his liberty, his credit, and his property-in fact, the episcopal acquittal so entirely whitewashed him, that in the eye of the law he became a new and innocent person. The mode in which the test of reading was applied was as follows: On conviction, the felon demanded his clergy, whereupon a book (commonly a psalter) was put into his hand, which he was required to read, when the judge demanded of the bishop's commissary, who was present, Legit ut clericus? and upon the answer to this question depended the convict's fate: if it were simply legit, the prisoner was burned on the hand, and discharged; but if non legit, he suffered the punishment due to his offence. But by 5 Anne, c. 6, the B. of C. was extended to all persons con: victed of clergyable offences, whether they could read or not; and by the same statute and several subsequent ones, instead of burning on the hand, a discretionary power was given to the judge to inflict a pecuniary fine or imprisonment. But all further attempts to modify and improve the law on this subject proving impracticable, the B. of C. was at last totally abolished, by the 7 and 8 Geo. IV. c. 28; and now by the 4 and 5 Vict. c. 22, the same is the law with regard to the peers.

This privilege had never any existence or legal meaning in Scotland; and a learned writer on the law of that country complains of its introduction into a statute applicable to Scotland (Hutchison's Justice of the Peace in Scotland, vol. ii., p. 191). See on the subject of this article generally, Kerr's Blackstone, vol. iv., p. 452; Hale's Pleas of the Crown, part 2, c. 45; and Reeves's History of the English Law.

BENEFIT OF I'NVENTORY, in the Scotch law, was a legal privilege whereby an heir secured himself against unlimited liability for his ancestor, by giving up, within the annus deliberandi (q. v.), an inventory of his heritage or real estate, to the extent of which, and no further, was the heir liable. But the annus deliberandi is now abolished, and the privilege in question is of the less consequence, seeing that by the 10 and 11 Vict. c. 47, ss. 23 and 25, decrees of service infer only a limited representation of a deceased party, and the heir is only liable to the extent of the inheritance descending to him. See ANNUS DELIBERANDI, HEIR, INHERITANCE, DEBT, and MORTGAGE.

BENEKE, FREDERIC EDUARD, professor of philosophy in Berlin, was born in that city in 1798, and studied theology and philosophy, first at Halle, and then at Berlin. In 1820, he commenced lecturing in the latter university, but his lectures were soon interdicted by the minister Altenstein, as his philosophical views were quite opposed to those of Hegel. After a few years his lectures were again allowed, and on Hegel's death, in 1832, he was appointed extraordinary professor of philosophy. In March 1854, B. disappeared suddenly from his residence, and nothing more was heard of him until June 1856, when his body was found in the canal at Charlotteburg in the same place in which he had sought his death. B. has more affinity with British thinkers than any other German philosopher. He

holds that the only possible foundation for philosophy lies in a strict adherence to the facts of our consciousness. His system of psychology, is therefore what the Germans call empirical, and his method is the Baconian as pursued in natural science. Of his numerous writings may be mentioned Psychologische Skizzen (2 vols. 1825-1827); Lehrbuch der Psychologie als Naturwissenschaft (Text-book of Psychology as a Natural Science, 2d ed. 1845); System der Logik (2 vols. 1842); Erziehungs- und -Unterrichtslehre (A Treatise Education, 1842). The best German educationists recommend B.'s psychology as more capable of practical application than the prevailing systems of Germany.

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Southern Italy, capital of the province of the same BENEVENTO (ancient Beneventum), a city of out of the materials of which it is entirely name. It occupies the site of the ancient city, built, on the declivity of a hill, near the confluence of the Calore and Sabato, about 32 miles north-east of the city of Naples. B. is about two miles in circumference, is surrounded by walls, has a citadel, a fine old cathedral, some erected to the honour of the Emperor Trajan, by noteworthy churches, and a magnificent arch, the senate, 114 A. D., which, with the single exception of that of Ancona, is the best preserved specimen of Roman architecture in Italy. It is an archiepiscopal see, and has a population of (1872) 20,133. B. is a place of very great antiquity. Some writers attribute its origin to Diomed, and in the boar adorned for sacrifice, said to be the gift of the cathedral is a bas-relief representing the Calydonian Greek hero himself. Others give the credit of its origin to Auson, a son of Ulysses and Circe. It was, however, in the possession of the Samnites, when history first takes notice of it, and it appears to have been captured from them by the Romans, some time It was certainly in during the third Samnite war. the hands of the Romans 274 B. C., who changed its name from Maleventum to Beneventum, six years later, and made it a Roman colony. The Carthaginians under Hanno were twice decisively defeated in the immediate neighbourhood, during the second Punic war. It rapidly rose to a place of importance under the Roman empire, and was visited at various times by several of the emperors.

Under the Lombards, who conquered it in the 6th c., B. continued to flourish, and became the capital of a duchy which included nearly the half of the late kingdom of Naples. In the 9th c. the duchy was separated into three states—B., Salerno, and Capua. În 1077, the whole was taken possession of by the Normans, excepting the town and its present delegation, which had previously (1053) been presented to the pope, by the Emperor Henry III. During the 11th and 12th centuries, four councils were held at the city of Benevento. remained under the direct dominion of the popes, Since that time, with some slight intervals, it has who govern it through a resident cardinal with the title of Legate. In 1806, it was erected into a Prince of B.; but it was restored to the pope at the principality by Napoleon, who made Talleyrand peace of 1815. At the revolution of 1848–1849, B. remained faithful to the pope.

BENEVOLENCE, in the history of the law of England, was a species of forced loan, arbitrarily levied by the kings in violation of Magna Charta, and in consequence of which it was made an article in the Petition of Rights, 3 Car. I., that no man shall be compelled to yield any gift, loan, or B., tax, or such like charge, without common consent by act of parliament; and by the statute

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