Ecclesiastical Commissioners
Encyclopedia
Ecclesiastical Commissioners were, in England and Wales
, a body corporate, whose full title is Ecclesiastical and Church Estates Commissioners for England. The commissioners were authorized to determine the distribution of revenues of the Church of England
, and they made extensive changes in how revenues were distributed. The modern successor body thereof is the Church Commissioners
.
. In 1835 two commissions were appointed to consider the state of the several diocese
s 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 benefice
s 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 an act of 1835 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 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.
The constitution of the commission was amended by the Ecclesiastical Commissioners Act 1840 and subsequent acts, and now consists of the two archbishops, all the bishops, the deans of Canterbury, St Paul, 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 are required to be members of the Church of England, and to subscribe a declaration to that effect. The crown also appoints two laymen as church estates commissioners, and the archbishop of Canterbury one. These three are the joint treasurers of the commission, and constitute, 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 has power to make inquiries and examine witnesses on oath. Five commissioners are a quorum for the transaction of business, provided two of them are church estates commissioners; two ecclesiastical commissioners at least must be present at any proceeding under the common seal, and if only two are present they can 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, may be ratified by orders, specifying the times when they shall take effect, and such orders when published in the London Gazette
have the same force and effect as acts of parliament.
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, &c. 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.
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, &c., 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.
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 Crippe, 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 (Law Relating to the Church and Clergy).
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, a body corporate, whose full title is Ecclesiastical and Church Estates Commissioners for England. The commissioners were authorized to determine the distribution of revenues of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, and they made extensive changes in how revenues were distributed. The modern successor body thereof is the Church Commissioners
Church Commissioners
The Church Commissioners is a body managing the historic property assets of the Church of England. It was set up in 1948 combining 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...
.
History
Their appointment was one of the results of the vigorous movements for the reform of public institutions which followed the Reform Act of 1832Reform Act 1832
The Representation of the People Act 1832 was an Act of Parliament that introduced wide-ranging changes to the electoral system of England and Wales...
. In 1835 two commissions were appointed to consider the state of the several diocese
Diocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...
s of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
, 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
In Commendam
In canon law, commendam was a form of transferring an ecclesiastical benefice in trust to the custody of a patron...
to bishoprics certain benefice
Benefice
A benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...
s with cure of souls
Cure of souls
In some denominations of Christianity, the cure of souls , an archaic translation which is better rendered today as "care of souls," is the exercise by a priest of his office. This typically embraces instruction, by sermons and admonitions, and administration of sacraments, to the congregation...
; 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 an act of 1835 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
Queen Anne's Bounty
Queen Anne's Bounty was a fund established in 1704 to augment the incomes of the poorer clergy of the Church of England. The bounty was funded by the tax on the incomes of all Church of England clergy, which was paid to the Pope until the Reformation, and thereafter to the Crown.In 1890, the total...
. In consequence of the recommendation of these commissioners, a permanent commission was appointed by the Ecclesiastical Commissioners Act 1836 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
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
, the Archbishop of York
Archbishop of York
The Archbishop of York is a high-ranking cleric in the Church of England, second only to the Archbishop of Canterbury. He is the diocesan bishop of the Diocese of York and metropolitan of the Province of York, which covers the northern portion of England as well as the Isle of Man...
, and three bishops, the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
and the principal officers of state, and three laymen named in the act.
The constitution of the commission was amended by the Ecclesiastical Commissioners Act 1840 and subsequent acts, and now consists of the two archbishops, all the bishops, the deans of Canterbury, St Paul, and Westminster, the lord chancellor, the lord president of the council
Lord President of the Council
The Lord President of the Council is the fourth of the Great Officers of State of the United Kingdom, ranking beneath the Lord High Treasurer and above the Lord Privy Seal. The Lord President usually attends each meeting of the Privy Council, presenting business for the monarch's approval...
, the first lord of the treasury
First Lord of the Treasury
The First Lord of the Treasury is the head of the commission exercising the ancient office of Lord High Treasurer in the United Kingdom, and is now always also the Prime Minister...
, the chancellor of the exchequer
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
, the home secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, the lord chief justice
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
, the master of the rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
, two judges of the admiralty division, and certain laymen appointed by the crown and by the archbishop of Canterbury. The lay commissioners are required to be members of the Church of England, and to subscribe a declaration to that effect. The crown also appoints two laymen as church estates commissioners, and the archbishop of Canterbury one. These three are the joint treasurers of the commission, and constitute, 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 has power to make inquiries and examine witnesses on oath. Five commissioners are a quorum for the transaction of business, provided two of them are church estates commissioners; two ecclesiastical commissioners at least must be present at any proceeding under the common seal, and if only two are present they can 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, may be ratified by orders, specifying the times when they shall take effect, and such orders when published in the London Gazette
London Gazette
The London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the United Kingdom, in which certain statutory notices are required to be published...
have the same force and effect as acts of parliament.
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, &c. 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.
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, &c., 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.
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 Crippe, 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 (Law Relating to the Church and Clergy).