Revenues at them for two of the estates of the realm in matters ecclesiastical,) is one of the two important features in their constitution: the other, to the consideration of which we now their disposal. come, is, that they are a corporation for the purpose of holding an immense amount of the revenues of the Established Church, as one common fund applicable to any purpose they may think fit to propose in their schemes; unfettered by any reference to the probable intentions of the original donor; by custom or usage, however long and well established; or by any of those important restrictions to which those revenues, in the hands of their former owners, have from time immemorial been subject. Sources from which these revenues are derived. Existing sees. We have already mentioned that it was provided upon the issuing of the first commission, that the profits and emoluments to arise from the vacant dignities and benefices, which were not to be filled up, should be paid to the treasurer of Queen Anne's Bounty, who was to keep an account, &c.; and, as to those funds, it was provided by the 3 & 4 Vict. c. 113, that the treasurer should deliver to the ecclesiastical commissioners a full and particular account of all monies received or paid by him under the former acts for that purpose, and of all things done by him, and of all proceedings then pending, and pay and deliver over to the commissioners, or to their account, all monies then remaining in his hands, exchequer bills, securities for money, books of account, &c. And that the receipt of the commissioners under their common seal should be an effectual discharge for every thing therein expressed to be received by them." By schemes of the ecclesiastical commissioners, confirmed by orders in council in 1837, by virtue of the 6 & 7 Will. IV. c. 77, it was ordered that the Bishop of Ely should pay annually to the ecclesiastical commissioners, by half yearly payments, the fixed sum of 2500l., and that after the respective deaths of the present bishops, The see of Canterbury should pay annually York Bath and Wells £7300 1100 5000 3600 1000 2300 Such payments to be made to the ecclesiastical commis- 9 3 & 4 Vict. c. 113, s. 60. all the profits and emoluments of each and every sus- Suspended pended canonry, whether consisting of or arising from canonries. rents, fines, compositions, dividends, stipends, or other emoluments whatsoever, shall forthwith, as to every such canonry vacant at the passing of the act, and as to every other immediately upon and from the vacancy thereof, and from time to time, be paid to the ecclesiastical commissioners for England for the purposes of this act, in like manner as the holder of such canonry, if he had remained in possession, or the successor thereto, if a successor had been appointed, and had duly qualified himself by residence and otherwise, according to the statutes and usages of his church, to receive his full portion of the emoluments thereof, would have been entitled to receive the same; and that all the estate and interest, if any, which such successor would have had in any lands, tithes and other hereditaments (except any right of patronage), annexed or belonging to, or usually held and enjoyed with, such canonry, or whereof the rents and profits had been usually taken and enjoyed by the holder of such canonry, as such holder separately, and in addition to his share (if any) of the corporate revenues of such chapter, shall forthwith, as to all vacancies then subsisting, and as to all others immediately upon such vacancies respectively, accrue to and be vested absolutely in the ecclesiastical commissioners for England, and their successors, for the purposes of the act, without any conveyance thereof, or any assurance in the law, other than the provisions of this act: provided nevertheless that the profits and emoluments arising from corporate revenues belonging to the canonries suspended in the chapters of the cathedral churches of Chester, Lichfield, and Ripon respectively, shall become, as the vacancies occur, part of the divisible corporate revenues of the said chapters respectively: provided also that nothing therein contained should be construed to affect the right of any chapter, according to the statutes or customs of such chapter in force at the passing of the act, to make due provision out of the divisible corporate revenues for the maintenance of the fabric, the support of the grammar school, if any, and all other necessary and proper expenditure. And the estate and interest here mentioned is declared And their sepato extend to all lands and tenements (except any house rate estates. within the precincts of such church belonging to any canonry, or usually held and enjoyed therewith, or any small portion of land situate within the limits and precincts of 3 & 4 Vict. c. 113, s. 49. Separate estates of remaining canonries. Suspended deaneries, &c. any cathedral or collegiate church, or in the vicinity of any residence house, which may be reserved to such church, or permanently annexed to any residentiary house by the authority of the statute 3 & 4 Vict. c. 113), tithes, or other hereditaments, endowments, and emoluments, of what nature or kind soever, which, if the last-mentioned act had not been passed, any successor to such dignity, prebend, or office, would have been entitled to possess or receive, if duly qualified in all respects, according to the statutes and usages of his church, to possess or receive the same, and if qualified and ready at all times personally and duly to perform all the duties and services of such his prebend, dignity, or office.s But not only the emoluments of these suspended dignities, &c. but even the separate estates of those deaneries and canonries, which are not suspended, are swept into this common corporate fund; for it is enacted that all the estate and interest which the holder of any deanery or canonry not suspended by or under the provisions of this act, and his successors, have and would have in any lands, tithes, and other hereditaments, or endowments whatsoever, annexed, or belonging to, or usually held or enjoyed with such deanery or canonry (except any right of patronage), or whereof the rents and profits had been usually taken and enjoyed by the holder of such deanery or canonry, as such holder separately, and in addition to his share of the corporate revenues of such chapter, shall, without any conveyance or assurance in the law, other than the provisions of this act, accrue to and be vested absolutely in the ecclesiastical commissioners. It is further enacted, that all lands, tithes, and other hereditaments, excepting any right of patronage, and all other the emoluments and endowments whatsoever belonging to the deaneries of Wolverhapton, Middleham, Heytesbury, and Brecon, and to the dignity or office of sub-dean, chancellor of the church, vice-chancellor, treasurer, provost, precentor, or succentor, and to any prebend not residentiary in any cathedral or collegiate church in England, or in the cathedral churches of St. David's and Llandaff, or in the collegiate church of Brecon, or enjoyed by the holder of any such deanery, dignity, office, or prebend, as such holder, shall, as to all such of the said deaneries, dignities, offices and prebends respectively, as may be vacant at the time of the passing of the act, immediately upon its so passing, and as to all others immediately upon the vacancies thereof respectively, without any 3 & 4 Vict. c. 113, s. 50. 4 & 5 Vict. c. 39, s. 6. conveyance or assurance in the law, other than the provisions of the act, accrue to and be vested absolutely in the ecclesiastical commissioners for England and their successors for the purposes of the act: provided that all other rights and privileges whatsoever now by law belonging to any of such dignities, offices, or prebends, except the lastmentioned deaneries, shall continue to belong thereto, except so far as any of such rights or privileges may be controlled or affected by any of the provisions of the act respecting the right of election now exercised by any chapter: provided that nothing therein contained shall in any manner apply to or affect any dignity, office, or prebend, which is permanently annexed to any bishopric, archdeaconry, professorship, or lectureship, or to any school, or the mastership thereof, or the prebend of Burgham, Bursalis, Exceit, and Wyndham, in the cathedral church of Chichester." And also that upon the suppression of any ecclesiastical Sinecure recrectory without cure of souls, all the estate and interest tories. which the rector thereof, or his successor, has or had, or would have or have had in any lands, tithes, or other hereditaments whatsoever, shall, without any conveyance thereof, or any assurance in the law other than the provisions of the act, accrue to and be vested in the ecclesiastical commissioners.* vested in the commissioners. As to the whole of this corporate fund, it is enacted that Revenues the ecclesiastical commissioners shall for the purpose of enforcing payment of all profits and emoluments to be paid to them, and of obtaining possession of all lands, tithes, or other hereditaments vested in or accruing to them, and of recovering the rents and profits thereof, have and enjoy all rights, powers and remedies at law and in equity, which belonged, or belong, or would belong, or have belonged to the holder of the deanery, canonry, prebend, dignity, or office, or the rector of the rectory, in respect of which such profits, &c., are by the provisons of the act to be paid, or to accrue to, and be vested in the commissioners. The commissioners, in respect of all lands, tithes, tenements, or other hereditaments already vested or liable to be vested in them, shall be deemed to be the owners or joint-owners thereof respectively, as the case may be, for all the purposes of the several acts for the commutation of tithes. Having now seen from what sources and in what manner Application of this large corporate fund in the hands of the commissioners these revenues, 3 & 4 Vict. c. 113, s. 51. * Ibid. s. 54. ▾ Sect, 57, Special pay ments. has been or is to be acquired, it remains to be seen in what manner, and subject to what restrictions, it is to be applied and disposed of. Certain special payments are, in the first place, either directed or allowed to be made by the commissioners out of the fund thus at their disposal. The various provisions for archdeaconries will be found mentioned in their proper place and in any cathedral church on the old foundation in which any contribution to the fabric fund of such church has heretofore, either usually or occasionally, been made out of the rents or proceeds of any lands, tithes, or other hereditaments, so to be vested in the ecclesiastical commissioners, it shall be lawful for the commissioners to contribute to such fund such sum as they shall deem necessary, out of the rents or proceeds of the same lands, tithes, or other hereditaments, not exceeding in amount the proportion of such rents, &c. which has usually been applied to the like purposes. The commissioners are also allowed, out of the fund, to pay all necessary law charges, and to make allowance for costs, charges, expenses and trouble to any person employed by them in receiving or paying money, auditing accounts, surveying, valuing, &c. or performing any duty connected with what they are empowered to do. Subject to these special deductions, the fund may be considered as divisible into two parts: first, the episinto two parts. copal fund, formed by fixed contributions from the larger bishoprics, out of which fixed annual payments are made in augmentation of the incomes of the smaller; and secondly, a common fund, applicable to the augmentation of poor livings, endowments of new churches, employment of additional ministers, &c.a Fund divided For the increased efficiency of the Established Church. 2 For it is enacted that, with the exception of the special applications before alluded to, all the monies and revenues to be paid to the commissioners, and all the rents and profits of the lands, &c. vested, and to be vested in them, together with all accumulations of interest produced by and arising therefrom, shall be from time to time carried over to a common fund, and by payments or investments made out of such fund; or if in any case it be deemed more expedient, by means of an actual conveyance and assignment of such lands, tithes, or other hereditaments, or of a portion thereof, additional provision shall be made for the cure of souls in parishes where such assistance is most required, in such manner as shall, by the z Sect. 53. a See sect. 67; circular issued by order of the commissioners in 1844; and see post, book iii. chap. i. |