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 BENEDICT- -BENEFICE 209 warned them a year before as to the proposed Hohenzollern German musicians who from the time of Handel onwards candidature. Even if he had been outwitted by Bismarck have found fortune by yielding to the less highly developed in the matter of the treaty of 1866, the policy of the tastes of the English public, without making any very treaty was not his, but was that of Drouyn de Lluys. serious attempt to elevate the standard of their appreciaThe idea of the annexation of part of Belgium to France tion. (j. a. F. M.) had been suggested to him first by Bismarck ; and the use to which Bismarck put the draft was not one which he Benefice.—Under the modern statute law the term could be expected to anticipate, for he had carried on the benefice means an ecclesiastical preferment with cure of negotiations in good faith. After the fall of the empire souls, the right to confer which is called an advowson. he retired to Corsica. He lived to see his defence con- An advowson is either presentative, in which case the firmed by later publications, which threw more light on patron presents a clerk to the bishop with a petition that the secret history of the times. He published in 1895 a he may be instituted to the vacant benefice, and if the clerk volume of Essais Diplomatiques, containing a full account be canonically qualified the bishop admits and institutes of his mission to Ems, written in 1873; and in 1897 a him; or collative, where the bishop is the patron in second series dealing with the Eastern Question. He died right of his see. Durative benefices no longer exist, the 28th March 1900, while on a visit to Paris. He received Benefices Act 1898 making all donations with cure of the title of Count from Napoleon. souls presentative in accordance with the recommendation Rothan. La politique franqaise en 1866, Paris, 1879 ; and of a committee of the House of Commons in 1884. L’affaire de Luxemburg, Paris, 1881.—Sorel. Histoire diploThe spiritual side of the right of advowson was also matique. Paris, 1875.—Sybel. Die Begrundung des deutschen emphasized by the same Act. Under the previously Reiches, Munich, 1889, &c. (j. w_ He ^ existing law simony or “ the corrupt presentation of any Benedict, Sir Julius (1804-1885), musical person to an ecclesiastical benefice for gift, money, or composer, was born in Stuttgart on 27th November 1804. reward ” renders the presentation void, and subjects the He was the son of a Jewish banker, and learnt composi- persons privy or party to it to penalties; a presentation tion from Hummel at Weimar and Weber at Dresden ; to a vacant benefice cannot be sold, and no clerk in holy with the latter he enjoyed for three years an intimacy like orders can purchase for himself a next presentation. An that of a son. He was appointed Capellmeister of the advowson may, however, be sold during a vacancy, though Karnthnerthor Theatre at Vienna in 1823, and of the that will not give the right to present to that vacancy ; and San Carlo Theatre at Naples in 1825. Here his first a clerk may buy an advowson even though it be only an opera, Giacinta ed Ernesto, was brought out in 1829, and estate for life, and present himself on the next vacancy. another, written for his native city, / Portoghesi in Goa, Under the Benefices Act, advowsons may not be sold by was given there in 1830; neither of these was a great public auction except in conjunction with landed property success, and in 1835 he went to Paris, leaving it, at the adjacent to the benefice; transfers of patronage must be resuggestion of Malibran, in the same year, for London, gistered in the registry of the diocese, and no such transfers where he spent the remainder of his life. In 1836 he can be made within twelve months after the last admission was given the conductorship of an operatic enterprise at or institution to the benefice. Restrictions had also been imthe Lyceum Theatre, and brought out a short opera, Un posed on the transfer of patronage of churches built under anno ed un giorno, previously given in Naples. In 1838 the Church Building Acts and New Parishes Acts, and on he became conductor of the English Opera at Drury Lane, that of benefices in the gift of the Lord Chancellor, and under the famous Bunn management, during the period sold by him in order to augment others; but agreements of Balfe’s great popularity; his own operas, produced may be made as to the patronage of such churches in there, were The Gipsy's Warning (1838), The Bride of favour of persons who have contributed to their building Venice (1843), and The Crusaders (1846). In 1848 he or enlargement without being void for simony. conducted Mendelssohn’s Elijah at Exeter Hall, for the The right of presentation may be exercised by its owner first appearance of Jenny Lind in oratorio, and in 1850 whether he be an infant, executors, trustees, coparceners he went to America as the accompanist on that singer’s (who, if they cannot agree, present in turn in order of age), tour. On his return in 1852 he became conductor or mortgagee (who must present the nominee of the under Mapleson’s management, and wrote recitatives for mortgagor), or a bankrupt (who, although the advowson Weber’s Oheron, producing his best known opera, The belongs to his creditors, yet has the right to present to a Lily of Killarney, at Covent Garden, under the Pyne and vacancy). Certain owners of advowsons are temporarily or Harrison Company, in 1862. At the same theatre his permanently disabled from exercising the right which last work, originally intended for the stage, The Bride of devolves upon other persons; and the Crown as patron Song, was brought out in 1864. From the beginning paramount of all benefices can fill all churches not regularly of the Monday Popular Concerts he acted as regular filled by other patrons. It thus presents to all vacancies accompanist, and he conducted the Norwich Festivals caused by simoniacal presentations, or by the incumbent from 1845 to 1878 inclusive. His cantatas Undine having been presented to a bishopric or in benefices belong(1860) and Richard Coeur de Lion (1863), and his oratorio ing to a bishopric when the see is vacant by the bishop’s St Cecilia (1866) were brought out at these festivals, and death, translation, or deprivation. Where a presentation his St Peter at the Birmingham Festival of 1870. The belongs to a lunatic, the Lord Chancellor presents for him. cantata Graziella was brought out at the Birmingham Where it belongs to a Roman Catholic the right is exercised Festival of 1882, and in the following year was produced in his behalf by the University of Oxford if the benefice at the Crystal Palace as an opera. A symphony from be situate south of the river Trent, and by that of CamBenedict’s pen was given at the Crystal Palace in 1873, bridge if it be north of that river. and he contributed an interesting life of Weber to the Besides the qualifications required of a presentee by series of biographies of “ Great Musicians.” For many canon law, such as being of the canonical age, and in years he officiated as “ conductor ” at the most fashionable priest’s orders before admission, sufficient learning and concerts in London, whether public or private, and was proper orthodoxy or morals, the Benefices Act now requires knighted in 1871. He died in London on the 5th of that a year shall have elapsed since a transfer of the right June 1885. Benedict was one of the last, but at the of patronage, unless it can be shown that such transfer same time one of the most capable, of those numerous was not made in view of a probable vacancy; that the S. II. — 27