The Ecclesiastical Commissioners were, in England and Wales, a body corporate, whose full title was Ecclesiastical and Church Estates Commissioners for England. The commissioners were authorised to determine the distribution of revenues of the Church of England, and they made extensive changes in how revenues were distributed.[1] The modern successor body thereof are the Church Commissioners.
An Act for carrying into Effect the Reports of the Commissioners appointed to consider the State of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage.
Their appointment was one of the results of the vigorous movements for the reform of public institutions which followed the Reform Act 1832. In 1835 two commissions were appointed to consider the state of the several dioceses of England and Wales, with reference to the amount of their revenues and the more equal distribution of episcopal duties, and the prevention of the necessity of attaching by commendam to bishoprics certain benefices with cure of souls; and to consider also the state of the several cathedral and collegiate churches in England and Wales, with a view to the suggestion of such measures as might render them conducive to the efficiency of the established church, and to provide for the best mode of providing for the cure of souls, with special reference to the residence of the clergy on their respective benefices. And it was enacted by the Vacant Ecclesiastical Dignities, etc. Act 1835 (5 & 6 Will. 4. c. 30) that during the existence of the commission the profits of dignities and benefices without cure of souls becoming vacant should be paid over to the treasurer of Queen Anne's Bounty. In consequence of the recommendation of these commissioners, a permanent commission was appointed by the Ecclesiastical Commissioners Act 1836 (6 & 7 Will. 4. c. 77) for the purpose of preparing and laying before the king in council such schemes as should appear to them to be best adapted for carrying into effect the alterations suggested in the report of the original commission and recited in the act. The new commission was constituted a corporation with power to purchase and hold lands for the purposes of the act, notwithstanding the statutes of mortmain. The first members of the commission were the Archbishop of Canterbury, the Archbishop of York, and three bishops, the Lord Chancellor and the principal officers of state, and three laymen named in the act.[1]
The constitution of the commission was amended by the Ecclesiastical Commissioners Act 1840 (3 & 4 Vict. c. 113) and subsequent acts, to consist of the two archbishops, all the bishops, the deans of Canterbury, St Paul's, and Westminster, the Lord Chancellor, the Lord President of the Council, the First Lord of the Treasury, the Chancellor of the Exchequer, the Home Secretary, the Lord Chief Justice, the Master of the Rolls, two judges of the admiralty division, and certain laymen appointed by the crown and by the archbishop of Canterbury. The lay commissioners were required to be members of the Church of England, and to subscribe a declaration to that effect. The crown also appointed two laymen as church estates commissioners, and the archbishop of Canterbury one. These three were the joint treasurers of the commission, and constituted, along with two members appointed by the commission; the church estates committee, charged with all business relating to the sale, purchase, exchange, letting or management of any lands, tithes or hereditaments. The commission had power to make inquiries and examine witnesses on oath. Five commissioners were a quorum for the transaction of business, provided two of them were church estates commissioners; two ecclesiastical commissioners at least had to be present at any proceeding under the common seal, and if only two were present they could demand its postponement to a subsequent meeting. The schemes of the commission having, after due notice to persons affected thereby, been laid before the king in council, could be ratified by orders, specifying the times when they should take effect, and such orders when published in the London Gazette had the same force and effect as acts of parliament.[1]
The recommendations of the commission recited in the act of 1836 are too numerous to be given here. They include an extensive rearrangement of the dioceses, equalization of episcopal income, providing residences, etc. By the act of 1840 the fourth report of the original commissioners, dealing chiefly with cathedral and collegiate churches, was carried into effect, a large number of canonries being suspended, and sinecure benefices and dignities suppressed.[1]
The emoluments of these suppressed or suspended offices, and the surplus income of the episcopal sees, constitute the fund at the disposal of the commissioners. By an act of 1860, on the avoidance of any bishopric or archbishopric, all the land and emoluments of the see, except the patronage and lands attached to houses of residence, become, by order in council, vested in the commissioners, who may, however, reassign to the see so much of the land as may be sufficient to secure the net annual income named for it by statute or order. All the profits and emoluments of the suspended canonries, etc., pass over to the commissioners, as well as the separate estates of those deaneries and canonries which are not suspended. Out of this fund the expenses of the commission are to be paid, and the residue is to be devoted to increasing the efficiency of the church by the augmentation of the smaller bishoprics and of poor livings, the endowment of new churches, and employment of additional ministers.[1]
The substitution of one central corporation for the many local and independent corporations of the church, so far at least as the management of property is concerned, was a constitutional change of great importance, and the effect of it undoubtedly was to correct the anomalous distribution of ecclesiastical revenues by equalising incomes and abolishing sinecures. At the same time it was regarded as having made a serious breach in the legal theory of ecclesiastical property. The important principle, says Cripps, on which the inviolability of the church establishment depends, that the church generally possesses no property as a corporation, or which is applicable to general purposes, but that such particular ecclesiastical corporation, whether aggregate or sole, has its property separate, distinct and inalienable, according to the intention of the original endowment, was given up without an effort to defend it.[2][1]
Legislation
The Ecclesiastical Commissioners Acts 1840 to 1885 is the collective title of the following acts:[3]
The Ecclesiastical Commissioners Act 1840 (3 & 4 Vict. c. 113)
An ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Historically, they interpret or apply canon law, a basis of which was the Corpus Juris Civilis of Justinian, which is also considered the source of the civil law legal tradition.
A sinecure is a position with a salary or otherwise generating income that requires or involves little or no responsibility, labour, or active service. The term originated in the medieval church, where it signified a post without any responsibility for the "cure [care] of souls", the regular liturgical and pastoral functions of a cleric, but came to be applied to any post, secular or ecclesiastical, that involved little or no actual work. Sinecures have historically provided a potent tool for governments or monarchs to distribute patronage, while recipients are able to store up titles and easy salaries.
The Lords Spiritual are the bishops of the Church of England who sit in the House of Lords of the United Kingdom. Up to 26 of the 42 diocesan bishops and archbishops of the Church of England serve as Lords Spiritual. The Church of Scotland, which is Presbyterian, and the Anglican churches in Wales and in Northern Ireland, which are no longer established churches, are not represented. The Lords Spiritual are distinct from the Lords Temporal, their secular counterparts who also sit in the House of Lords.
A benefice or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term beneficium as a benefit to an individual from the Empire for services rendered. Its use was adopted by the Western Church in the Carolingian era as a benefit bestowed by the crown or church officials. A benefice specifically from a church is called a precaria, such as a stipend, and one from a monarch or nobleman is usually called a fief. A benefice is distinct from an allod, in that an allod is property owned outright, not bestowed by a higher authority.
The General Synod is the tricameral deliberative and legislative organ of the Church of England. The synod was instituted in 1970, replacing the Church Assembly, and is the culmination of a process of rediscovering self-government for the Church of England that had started in the 1850s.
Annates were a payment from the recipient of an ecclesiastical benefice to the collating authorities. Eventually, they consisted of half or the whole of the first year's profits of a benefice; after the appropriation of the right of collation by the Roman see, they were paid to the papal treasury, ostensibly as a proffered contribution to the church. They were also known as the "first fruits", a religious offering which dates back to earlier Greek, Roman, and Hebrew religions.
The Diocese of Canterbury is a Church of England diocese covering eastern Kent which was founded by St. Augustine of Canterbury in 597. The diocese is centred on Canterbury Cathedral and is the oldest see of the Church of England.
Queen Anne's Bounty was a scheme established in 1704 to augment the incomes of the poorer clergy of the Church of England and by extension the organisation that administered the bounty.
The Church Commissioners is a body which administers the property assets of the Church of England. It was established in 1948 and combined the assets of Queen Anne's Bounty, a fund dating from 1704 for the relief of poor clergy, and of the Ecclesiastical Commissioners formed in 1836. The Church Commissioners are a registered charity regulated by the Charity Commission for England and Wales, and are liable for the payment of pensions to retired clergy whose pensions were accrued before 1998.
In canon law, commenda was a form of transferring an ecclesiastical benefice in trust to the custody of a patron. The phrase in commendam was originally applied to the provisional occupation of an ecclesiastical benefice, which was temporarily without an actual occupant, in contrast to the conferral of a title, in titulum, which was applied to the regular and unconditional occupation of a benefice.
The Convocations of Canterbury and York are the synodical assemblies of the bishops and clergy of each of the two provinces which comprise the Church of England. Their origins go back to the ecclesiastical reorganisation carried out under Archbishop Theodore of Canterbury (668–690) and the establishment of a separate northern province in 733. Until 1225 the synods were composed entirely of bishops, but during the thirteenth century more and more clergy were cited until by 1283 the membership was established as the bishops, deans, archdeacons and abbots of each province together with one proctor (representative) from each cathedral chapter and two proctors elected by the clergy of each diocese. The main purpose of the convocations was to take counsel for the well-being of the church and to approve canonical legislation, but in practice much time was spent in discussing the amount of tax to be paid to the Crown since the clergy were a separate estate of the realm and refused to be taxed in or through Parliament. Before the end of the nineteenth century, the Convocation of Canterbury, which was numerically very much larger, played the major role and the activity of the Convocation of York was often little more than giving formal approval to the decisions taken by the southern province.
The Anglo-Prussian bishopric in Jerusalem was a Protestant episcopal see based in Jerusalem between 1841 and 1886. It was a joint venture of the Church of England and the Evangelical Church in Prussia.
The Union of Benefices Act 1860 was legislation which prevented the need for other acts if following its prescribed three-stage scheme. It enabled reduction of the number of parish churches and vicars/rectors in London's "Metropolis", as defined by a narrower Act five years before. It instead allowed commissions to recommend dissolution to various parties, which would then be a formality agreed by Order-in-Council.
A Commissioners' church, also known as a Waterloo church and Million Act church, is an Anglican church in England or Wales built with money voted by Parliament as a result of the Church Building Act 1818 and the Church Building Act 1824. The 1818 act supplied a grant of money and established the Church Building Commission to direct its use, and in 1824 made a further grant of money. In addition to paying for the building of churches, the Commission had powers to divide and subdivide parishes, and to provide endowments. The Commission continued to function as a separate body until the end of 1856, when it was absorbed into the Ecclesiastical Commission. In some cases the Commissioners provided the full cost of the new church; in other cases they provided a partial grant and the balance was raised locally. In total 612 new churches were provided, mainly in expanding industrial towns and cities.
Edward Jones (1641–1703), was a Welsh Anglican bishop who served as Bishop of Cloyne and Bishop of St Asaph.
The parish with its parish church(es) is the basic territorial unit of the Church of England. The parish has its roots in the Roman Catholic Church and survived the English Reformation largely untouched. Each is within one of 42 dioceses: divided between the thirty of the Province of Canterbury and the twelve of that of York. There are around 12,500 Church of England parishes. Historically, in England and Wales, the parish was the principal unit of local administration for both church and civil purposes; that changed in the 19th century when separate civil parishes were established. Many Church of England parishes still align, fully or in part, with civil parishes boundaries.
Hon. Henry Lewis Hobart was an English Anglican priest who became Dean of Windsor and thus Dean of Wolverhampton.
Inhibition, as an English legal term, particularly used in ecclesiastical law, is an act of restraint or prohibition, for a writ from a superior to an inferior court, suspending proceedings in a case under appeal, also for the suspension of a jurisdiction of a bishop's court on the visitation of an archbishop, and for that of an archdeacon on the visitation of a bishop. It is more particularly applied to a form of ecclesiastical censure, suspending an offending clergyman from the performance of any religious service, or other spiritual duty, for the purpose of enforcing obedience to a monition or order of the bishop or judge. Such inhibitions are at the discretion of the ordinary if he considers that scandal might arise from the performance of spiritual duties by the offender.
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