Imágenes de páginas
PDF
EPUB

sources of income have been assigned by statute to the corporation. As a temporary measure it also received a substantial assistance from the state. 10 Its capital has been increased by private benefactions for general or particular objects; moreover, the governors may accept endowments for churches and chapels erected under the church building acts, the trustees of such endowments being empowered to assign them to the governors.11

112

According to the rules and orders made the augmentations granted are 'by the way of purchase and not by the way of pension.' In many cases land is bought. Frequently only a capital 13 is employed, which is held in trust 14 by the governors, invested in their names and the interest paid to the holder of the augmented benefice, 15

Besides its work in augmenting poor benefices, originally its sole province, a new form of activity has been given it by later enactments; it has been empowered to grant loans to the holders of benefices for building or repairing parsonages, for other permanent improvements of livings, for making good the dilapidations of a predecessor and the like purposes.16 These loans may be made by the

9

E.g., fines for breaches of 1 & 2 Vict. c 106 (s 119 of the act) and of the Colonial Clergy Act 37 & 38 Vict. c 77 (s 7 of the act).

10 £100,000 a year for 11 years. Perry, Hist. of Engl. Ch. III, 175, note 3 c 10 § 6.

11. 2 & 3 Vict. c 49 s 12.

12 The rules are printed in Phillimore, Eccl. Law 2071; the words quoted are from rule 1.

13 The governors, as a rule, add £200 to £200 contributed privately.

14 The sum thus retained in the administration of the governors is now about £1,500,000.

15 For the outlines of the present system of administration see the reports of the bishops of London and Hereford presented Feb. 11th, 1887, to the upper house of the convocation of Canterbury, Chronicle of Convocation, 1887, Summary p. viii, printed also in the Church Year-Book for 1891 p. 432.

16 The first such enactment is :-

17 Geo. III (1777) c 53 s 12: It shall and may be lawful for the governors to advance and lend any sum or sums of money, not exceeding the sum of £100, in respect of each living or benefice, out of the money which has arisen, or shall from time to time arise, from that bounty, for promoting and assisting the several purposes of this act, with respect to any such livings or benefices: as shall not exceed the clear annual improved value of £50; and such mortgage and security shall be made for the repayment of the principal sums so to be advanced, as are hereinbefore mentioned, but no interest shall be paid for the same; and in cases where the annual value of such living or benefice shall exceed the sum of £50, that it shall and may be lawful for the said governors to advance and lend, for the purposes of this act, any sum not exceeding two years income of such living or benefice upon such mortgage and security as aforesaid, and subject to the several regulations of this act, and to receive interest for the same, not exceeding four per cent.

Further regulations affecting this part of the work of the governors of the bounty and partly altering the above are contained in: 21 Geo. FII c 66; 7 Geo. IV c 66; 1 & 2 Vict. c 23; 1 & 2 Vict. c 106; 19 & 20 Vict. c 50 s 15; 28 & 29 Vict. c 69; 34 & 35 Vict. c 43 Ecclesiastical Dilapidations Act 1871; 35 & 36 Vict. c 96: 44 & 45 Vict. c 25 Incumbents of Benefices Loans Extension Act 1881; 49 & 50 Vict. c 34 Inc. of Benef. Loans Extens. Act 1886; 50 Vict. sess. 2: c 8 Inc. of Benef. Loans Extens. Act 1886 Amendment Act 1887.

governors out of the trust capital to the clergy on the security of their benefices.17

Lastly, various acts have conferred on the governors of queen Anne's bounty certain rights of control calculated for the preservation of the substance of a benefice, the house of residence and lands. Thus the purchase money derived from the sale of an inconveniently situated house of residence is to be paid into the hands of the governors,18 as also are to be paid, or may be paid :-enfranchisement money for the use of any spiritual person; 19 the income of a benefice under sequestration, the stipends of the curate or curates being first deducted, until the cost of dilapidations has been discharged; 20 the sum recovered by a new incumbent from his predecessor for dilapidations; 21 sums received from an insurance office for buildings insured under the ecclesiastical dilapidations act and destroyed or damaged by fire.22 The incumbents are required under the act just mentioned to insure the buildings on the lands of the benefice against fire. The insurance is to be effected in the joint names of the incumbent and the governors in some office selected by the incumbent, to the satisfaction of the governors, in at least three fifths of the value of the buildings.2 23

§ 32.

Ecclesiastical commissioners for England."

By 58 Geo. III (1818) c 451 a sum not exceeding £1,000,000 was set apart from state funds to promote the building of new churches, and the king was empowered to appoint by letters patent commissioners for ten years to execute the purposes of the act. These commissioners received the name 'His Majesty's Commissioners for building New Churches' and were incorporated by 59 Geo. III (1819) c 134.2 Five years later 5 Geo. IV c 1033 granted an additional

17 See report of two bishops in 1887, cited above, note 15.

18 1 & 2 Vict. c 23 s 7; 1 & 2 Vict. c 29 s 8; 2 & 3 Vict. c 49 ss 14, 17.

19 21 & 22 Vict. c 94 s 17.

20 34 & 35 Vict. c 43 Ecclesiastical Dilapidations Act 1871, ss 20 ff.

21 34 & 35 Vict. c 43 ss 37 ff.

22 34 & 35 Vict. c 43 s 56.

23 34 & 35 Vict. c 43 s 54.

1 An Act for building and promoting the building of additional Churches in populous Parishes.

An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes.

3 An Act to make further Provision, and to amend and render more effectual Three Acts passed in the 58th and 59th Years of His late Majesty, and in the 3 Year of His present Majesty, for building and promoting the building of ·additional Churches in populous Parishes.

[ocr errors]

Gneist, Englisches Verwaltungsrecht 3rd Ed. § 173.-Phillimore, Ecclesiastical Law 2090 ff. -General Index to Orders of Her Majesty in Council ratifying Schemes and Representations of the Ecclesiastical Commissioners for England; and also to Instruments for making grants to Benefices and Churches. Made up to the 31st October, 1868. London, 1870; Eyre & Spottiswoode. [Cf. also the extracts from Orders in Council down to 1842 in Burn, Ecclesiastical Law 9th Ed. IV, 729 ff.]

state aid of £500,000. The acts cited and some others empowered the commissioners to propose divisions and re-arrangements of parishes, which could then be carried into effect by orders in council. The commission was continued from time to time by acts of parliament, until by 19 & 20 Vict. (1856) c 55 Church Building Commissioners (Transfer of Power) Act it was abolished and its rights, privileges and property were vested in the ecclesiastical commissioners.

The Ecclesiastical Commissioners for England' were established and incorporated by 6 & 7 Gul. IV (1836) c 77.5 The commission. was to consist of the archbishop of Canterbury, archbishop of York and bishop of London for the time being, the holders for the time being of five great offices (specified) of state, all ex officio, and also of two bishops and three laymen; the five last mentioned members were removable by the crown; all members had to be of the church of England. The composition of the commission was considerably altered by 3 & 4 Vict. (1840) c 113. Ex-officio members are now:all the archbishops and bishops, the deans of Canterbury, St. Paul's and Westminster; also, if members of the church of England, a number of the highest judicial functionaries; power was given to the crown to appoint four and to the archbishop of Canterbury to appoint two lay commissioners, in addition to the three already appointed. For current business 13 & 14 Vict. (1850) c 94 directs

* Cf. also in particular 3 Geo. IV (1822) c 72 An Act to amend and render more effectual Two Acts, passed in the 58th and 59th Years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes.

5 In connexion with the questions of parliamentary reform and the granting of full civil rights to protestant dissenters and Roman catholics, the unequal distribution of property among the various officers of the church was the object of vigorous attacks during the thirties and forties. Thus a royal commission was appointed (23rd June, 1831) 'to inquire into the revenues and patronage of the Established Church.' This commission was continued in 1833 and again, with an extended field of investigation, in 1834. A new commission for the same purpose was appointed after the change of ministry in 1835. Its powers became extinct in 1837 with the death of the king. These royal commissions of investigation were entitled 'Commissioners of ecclesiastical Duties and Revenues.' They made four reports (1835 and 1836). The draft of a fifth report, incomplete owing to the extinction of powers mentioned, was nevertheless laid before parliament. It is on the proposals of these commissions that the most important reforming laws of that time rest (the first being 6 & 7 Gul. IV c 77), as also rests the establishment of a permanent commission, which was, above all, 'to prepare and lay before her majesty in council such schemes as shall appear to them to be best adapted for carrying into effect' the recommendations made. See here Perry, Hist. of Engl. Ch. III, 170 ff. cc 10, 11, especially p. 202.

[ocr errors]
[ocr errors]

6 6 & 7 Gul. IV c 77 ss 1-6. 73 & 4 Vict. c 113 s 78: . That in addition to the Commissioners named in 6 & 7 Gul. IV c 77 the following Persons shall be Ecclesiastical Commissioners ; that is to say, all the Bishops of England and Wales for the Time being respectively, the Lord Chief Justice of England, the Master of the Rolls, the Lord Chief Justice of Her Majesty's Court of Common Pleas, the Lord Chief Baron of Her Majesty's Court of Exchequer, the Judge of the Prerogative Court of the Archbishop of Canterbury, the Judge of the High Court of Admiralty for the Time being respectively (such

the formation of an Estates Committee.' It consists of two laymen to be appointed by the crown, one of whom is salaried, and one salaried official to be appointed by the archbishop of Canterbury; all three are removable by their appointers; whilst in office they are ecclesiastical commissioners. Any ecclesiastical commissioner, not being such ex officio, may be appointed a church estates commissioner. The ecclesiastical commissioners may add annually to the estates committee two members, at least one being a layman not sitting as a commissioner in virtue of any office. The ecclesiastical commissioners may only manage their property through the estates committee or with the co-operation of two of the members of that committee. The general rules which the ecclesiastical commissioners make for the estates committee are to be laid before both houses of parliament.10 The ecclesiastical commissioners have to make an annual report to one of the secretaries of state, and the report is to be laid before parliament, as also are copies of all orders in council.

11

According to the older laws the ecclesiastical commissioners had only power to prepare and submit to her Majesty in council such schemes as might seem best calculated for giving effect to certain recommendations. But by degrees there have been conferred on the commission numerous rights to be exercised independently. Its functions may be grouped under six heads:

1. Altering the boundaries of ecclesiastical districts and the incomes of the clergy."

12

2. Carrying out the provisions of recent reforming enactments, various estates being in this connexion vested in them and the proceeds administered by them.13

Chief Justices, Master of the Rolls, Chief Baron, and Judges being respectively Members of the United Church of England and Ireland), the Deans of the Cathedral Churches of Canterbury and Saint Paul in London, and of the Collegiate Church of Saint Peter Westminster for the Time being respectively; and also Four such Lay Persons (being Members of the said United Church) as shall be duly appointed by Her Majesty and such other Two Lay Persons (being Members of the said United Church) as shall be duly appointed by the Lord Archbishop of Canterbury for the Time being,

8 13 & 14 Vict. c 94 ss 1, 2, 7.

913 & 14 Vict. c 94 s 8.

10 13 & 14 Vict. c 94 s 12.

11 13 & 14 Vict. c 94 s 26.

[ocr errors]

Cf. ss 79 ff.

12 Altering boundaries of bishoprics, archdeaconries and rural deaneries under 6 & 7 Gul. IV c 77 and later acts. Transferring peculiars to the jurisdiction of the bishop, suppression of commendams and sinecure rectories, equalizing the incomes of bishops, of archdeacons, of holders of livings belonging to the same patron under 6 & 7 Gul. IV c 77 and 3 & 4 Vict. c 113. Regulating the incomes of chapters, canons, archdeacons etc. under 31 & 32 Vict. (1868) cc 19 and 114. Consolidating or separating parishes divided between two or more incumbents under 3 & 4 Vict. c 113 s 72. Altering parish boundaries in definite places under local acts, and generally in connexion with the Church Building and New Parishes Acts. Compare e.g. 47 & 48 Vict. (1884) c 65. Exchanging between ecclesiastical corporations and the commissioners under 29 & 30 Vict. c 111 s 4. Apportioning of income of benefices belonging to one patron under 3 & 4 Vict. c 113 s 74.

13 Estates of bishoprics vested in commissioners under 6 & 7 Gul. IV c 77;

3. Management of the lands etc. of bishoprics. Accepting the transference of the property of chapters, canons, archdeacons and minor canons, on application of the holders, for the purpose of otherwise settling the property or income of such bodies or persons.11

4. Superintendence of the otherwise independent management of property by holders of benefices and by ecclesiastical corporations, especially in respect of the granting of leases.15

13 & 14 Vict. c 94 s 17; 23 & 24 Vict. c 124 s 2; estates of canonries etc., the separate estates of deaneries and canonries, the estates of newly endowed archdeaconries under 3 & 4 Vict. c 113 and other acts. Co-operation in the sale of advowsons etc. by corporations under 5 & 6 Gul. IV c 76; 6 & 7 Gul. IV c 77 s 26; in the sale of part of the lord chancellor's patronage under 26 & 27 Vict. c 120 and of the patronage of universities and endowed schools under 3 & 4 Vict. c 113 s 69; 23 & 24 Vict. c 59.

14 Touching bishoprics, 23 & 24 Vict. (1860) c 124 s 11; touching minor canons, 27 & 28 Vict. (1864) c 70; touching chapters, canons, archdeacons etc., 31 & 32 Vict. (1868) c 19 and c 114; touching estates of newly endowed archdeaconries, 3 & 4 Vict. c 113 s 56; 21 & 25 Vict. c 131; 29 & 30 Vict. c 111 ss 15, 16; touching the library etc. of Lambeth Palace, 29 & 30 Vict. c 111 ss 7, 8.

The details which follow are derived from the Church Year-Book for 1891, pp. 542 ff.

The commissioners had the management of the estates forming the permanent endowment of Canterbury, York, Durham, Winchester, Carlisle, Chester, Ely, Gloucester and Bristol, Hereford, Lincoln, Norwich, Oxford, Peterborough, Worcester (23 & 24 Vict. c 124 s 11).

Vested in the commissioners under 23 & 24 Vict. c 124 s 2, the income derived therefrom being included in the rental of the commissioners' estates, are the estates of the following sees: London, Bangor, Bath and Wells, Chichester, Exeter, Lichfield, Llandaff, Ripon, Rochester, St. Asaph, St. David's, Salisbury. Manchester had no estates; Sodor and Man was not included in the commissioners' operations.

There have been gradually vested in the commissioners in exchange for annual payments under the various acts the estates of the following bodies:-Wholly Chichester, vicars choral, Lichfield, vicars choral, St. David's, chapter and vicars choral, London, minor canonries and vicars choral, Wells, vicars choral, Westminster, chapter, Windsor, S. George, York, vicars choral; so from the outset the estates of the chapter of Southwell.

Partly: Bristol, chapter, Ely, chapter, Exeter, chapter and vicars choral, Lichfield, chapter, Lincoln, chapter, Llandaff, chapter, Ripon, chapter, London, chapter, Salisbury, vicars choral, Wells, chapter, Worcester, chapter.

At Bangor, as also at St. Asaph, the incomes of the dean and four canons are provided by the ecclesiastical commissioners.

The sum annually paid over by the commissioners to bishops, chapters, archdeacons, etc. is £950,000.

15 Compare 5 & 6 Vict. c 108 and 21 & 22 Vict. c 57 The Ecclesiastical Leasing Act, 1858, further, 23 & 24 Vict. c 124 s 8 (bishoprics), 31 & 32 Vict. c 114 s 9 (chapters). Premiums etc. are to be paid over to the commissioners. In transfers under 31 & 32 Vict. c 114 s 4 the commissioners may set apart a capital sum for repair of fabric. Commissioners assent to measures for procuring and maintaining official residences for bishops, members of chapters and incumbents of livings augmented by the commissioners, and to loans for such purposes (1 & 2 Vict. c 23, 3 & 4 Vict. c 113 s 59, 5 & 6 Vict. c 26). They approve loans and advance money for permanent improvements on lands assigned as an endowment for a see (23 & 24 Vict. c 124 s 10); also the sale of securities held by chapters, the sale, exchange and purchase of lands, tithes etc. for chapters or bishoprics in the interest of the chapters 3 & 4 Vict. c 113 s 68. When land is to be enfranchised under 21 & 22 Vict. c 94 and belongs to a manor belonging

« AnteriorContinuar »