PREBEND

7 definitions found across Law Mind sources

PREBENDAuthored
The Law Mind • 1030 words
Definition
A prebend is a stipend or revenue assigned to a secular priest or canon serving in a cathedral or collegiate church, drawn from the landed estates or other endowments held by that church. The term carries two closely related senses in legal usage: 1. The stipend itself: The portion of cathedral revenues allotted to an individual canon in exchange for his officiating duties. In this sense, prebend is the financial entitlement — the income, not the office. 2. The endowment or property generating the stipend: The specific lands, tithes, or other income sources set aside to fund the stipend. A prebend in this sense is a defined parcel of ecclesiastical property with legal identity of its own. A prebend is distinguished from a canonicate, which is a mere title without necessary financial content. It is also distinct from a dignity, which carries jurisdictional authority. A prebend is neither a dignity nor a full benefice, though it resembles both and is frequently confused with each. Where a prebend carries attached jurisdiction, it is called a prebend with a dignity, or dignitary prebend; where it carries only the stipend without jurisdiction, it is a simple prebend.
Common Language
Modern common usage (Wiktionary): A stipend paid to a canon of a cathedral; the property or source of that endowment; political patronage employment; loosely, a prebendary. Historical common usage (Webster's 1913): A payment or stipend; especially the stipend or maintenance granted to a prebendary out of the estate of a cathedral or collegiate church. Distinguishes dignitary prebend (with jurisdiction) from simple prebend (without). The legal and common meanings overlap closely here, but the legal sources add precision that the common definitions obscure. In law, a prebend is specifically the income right or the property generating it — not the office of the holder. The Wiktionary extension to "political patronage employment" reflects a broader modern drift that has no standing in ecclesiastical or common law.
Recognized Forms
/SUBTYPES Simple prebend: A prebend consisting of the stipend alone, with no jurisdictional authority attached. The most common form. Dignitary prebend: A prebend to which some degree of ecclesiastical jurisdiction is annexed. Elevated in legal character and treated differently in proceedings touching that jurisdiction.
Why It Matters in Research
Prebend is a term that appears almost exclusively in English ecclesiastical law materials and is practically obsolete in active legal usage. Researchers encounter it primarily in three contexts: disputes over cathedral revenues and endowments in English ecclesiastical court records; the broader law of benefices and church property; and historical texts dealing with the governance and financing of the established church before and after the Reformation. The critical navigational point is terminological precision. Historical sources — particularly older English authorities — use prebend, prebendary, canonicate, benefice, and dignity in overlapping and sometimes inconsistent ways. Burrill is careful to note that a prebend is neither a dignity nor a benefice; Bouvier makes the same distinction against canonicate. Researchers relying on a single source without cross-checking may misclassify the legal interest at stake, which matters when the question is whether a particular entitlement carried jurisdiction, could be held in plurality, or was subject to specific statutory regulation. The Ecclesiastical Titles Act and various Church of England reform legislation from the nineteenth century substantially reorganized cathedral chapter finances and affected how prebendal stipends were administered. Sources written before and after this period may describe functionally different arrangements using the same vocabulary. Dating any source touching prebendal revenues is essential. For researchers using the Law Mind corpus, prebend connects directly to the larger cluster of ecclesiastical property law terms — benefice, advowson, glebe, and tithe — and to the law governing cathedral chapters. A case or treatise discussing prebendal rights will almost certainly also engage questions of presentation, institution, and induction that appear under those related terms.
Historical Dictionary Support
The historical dictionaries largely agree on the core definition but emphasize different features. Burrill, drawing on Cowell, frames the prebend as the portion that every canon receives in right of his place — a characterization that ties the entitlement to membership in the chapter rather than to any particular service obligation. Bouvier adds the crucial distinction from canonicate and introduces the dignitary/simple division that Webster's 1913 also preserves. Anderson reaches furthest back, describing the endowment as given to a cathedral or conventual church in præbendam — suggesting the Latin phrase as the operative term of grant in founding instruments. Black's surviving fragment is too partial to be useful as a standalone definition, though the reference to English ecclesiastical law confirms the term's jurisdictional home. None of the historical dictionaries engage with the post-Reformation transformation of prebendal endowments or with the nineteenth-century statutory changes that altered the practical significance of these rights. Researchers should treat all four sources as describing the pre-reform baseline, not the law as it stood by the late Victorian period.
Jurisdictional Note
Prebend as a legal category belongs to English ecclesiastical law and the law of the Church of England. It has no operative counterpart in American law, though it may appear in historical materials dealing with colonial church establishments or in scholarly writing on comparative ecclesiastical law. Researchers working in Scottish or Irish ecclesiastical history will encounter the term but should note that the legal framework governing cathedral chapters differed from the English model.
Related Terms
Prebendary — the holder of a prebend; the office corresponding to the income right Benefice — the broader category of ecclesiastical income rightsof which prebend is a species or near-species Canonicate — a canonical title without necessary financial content; the contrast term for prebend Dignity — an ecclesiastical office carrying jurisdiction; distinguished from a simple prebend Advowson — the right of presentation to a benefice; adjacent in ecclesiastical property law Glebe — land held as part of a benefice endowment; analogous property concept Tithe — another source of ecclesiastical revenueoften bundled with or distinguished from prebendal endowments Cathedral chapter — the governing body within which prebendaries hold their rights Sinecure — related concept in secular law; shares with prebend the character of income without active administrative duty
PREBENDmain
Black's Law Dictionary • 1891
to rank, beginning with the queen's attorney general, and ending with barristers at large 3 Steph. Comm. 387, note.
PREBENDmain
Black's Law Dictionary • 1891
In English ecclesiastical law. A stipend granted in cathedral evidence, which is left to grow naturally out churches; also, but improperly, a prebend- of the surrounding circumstances.
PREBENDmain
Anderson's Dictionary of Law • 1890
An endowment in land, or a pension in money, given to a cathedral or conventual church in præbendam: for maintaining a secular priest or regular canon as a prebendary.2
PREBENDn.
Websters Unabridged Dictionary (1913) • 1913
A payment or stipend; esp., the stipend or maintenance granted to a prebendary out of the estate of a cathedral or collegiate, church with which he is connected. See Note under Benefice. A prebendary. [Obs.] Bacon. Dignitary prebend, one having jurisdiction annexed to it. -- Simple prebend, one without jurisdiction.
prebendnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A stipend paid to a canon of a cathedral. | The property or other source of this endowment. | Political patronage employment. | A prebendary.
prebendverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To bend in advance.

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