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ECCLESIASTICAL COMMISSIONERS , in See also: England, a See also: body corporate, whose full title is " Ecclesiastical and See also: Church Estates Commissioners for England," invested with very important
See also: powers, under the operation of which extensive changes have been made in the distribution of the revenues of the Established Church
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Their See also: appointment was one of the results of the vigorous movements for the reform of public institutions which followed the Reform See also: Act of 1832
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In 1835 two commissions were appointed " to consider the See also: state of the several dioceses of England and See also: Wales, with reference to the amount of their revenues and the more equal distribution of episcopal duties, and the prevention of the See also: necessity of attaching by commendam to bishoprics certain benefices with cure of souls; and to consider also the state of the several See also: cathedral and collegiate churches in England and Wales, with a view to the See also: suggestion of such See also: 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 See also: special reference to the residence of the See also: 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 See also: Queen See also: Anne's Bounty
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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 See also: 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
See also: original commission and recited in the act
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The new commission was constituted a corporation with power to See also: purchase and hold lands for the purposes of the act, notwithstanding the statutes of mortmain
.
The first members of the commission were the two archbishops and three bishops, the See also: lord chancellor and the See also: principal See also: officers of state, and three laymen named in the act
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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 See also: Canterbury, St See also: Paul's and See also: Westminster, the lord chancellor, the lord president of the council, the first lord of the See also: treasury, the chancellor of the See also: exchequer, the home secretary, the lord chief See also: justice, the master of the rolls, two See also: judges of the See also: admiralty division, and certain laymen appointed by the See also: crown and by the archbishop of Canterbury
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The See also: 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 Canter-See also: bury 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 See also: relating to the sale, purchase, See also: exchange, letting or management of any lands, See also: tithes or hereditaments
.
The commission has power to make inquiries and examine witnesses on See also: oath
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Five commissioners are a See also: quorum for the transaction of business, provided two of them are church estates commissioners; twoecclesiastical commissioners at least must be See also: present at any proceeding under the See also: common See also: seal, and if only two are present they can demand its postponement to a subsequent meeting
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The schemes of the commission having, after due See also: 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 See also: London See also: Gazette have the same force and effect as acts of parliament
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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 184o the See also: 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
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The emoluments of these suppressed or suspended offices, and the surplus income of the episcopal See also: sees, constitute the fund at the disposal of the commissioners
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By an act of 186o, on the avoidance of any bishopric or archbishopric, all the See also: land and emoluments of the see, except the patronage and lands attached to houses of residence, become, by See also: 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 See also: net See also: annual income named for it by See also: statute or order
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All the profits and emoluments of the suspended canonries, &c., pass over to the commissioners, as well as the See also: separate estates of those deaneries and canonries which are not suspended
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Out of this fund the expenses of the commission are to be paid, and the See also: residue is to be devoted to increasing the efficiency of the church by the See also: augmentation of the smaller bishoprics and of poor livings, the endowment of new churches, and employment of additional ministers
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The substitution of one central corporation for the many See also: local and See also: independent corporations of the church, so far at least as the management of See also: property is concerned, was a constitutional change of See also: great importance, and the effect of it undoubtedly was to correct the anomalous distribution of ecclesiastical revenues by equalizing incomes and abolishing sinecures
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At the same See also: time it was regarded as having made a serious breach in the legal theory of ecclesiastical property
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" 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 See also: 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 " (See also: Law Relating to the Church and Clergy, p
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46)
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