Ecclesiastical Commissioners Act 1841
| Jurisdiction | UK Non-devolved |
| Citation | 1841 c. 39 |
| Year | 1841 |
(4 & 5 Vict.) C A P. XXXIX.
[21st June 1841]
'WHEREAS an Actwas passed in the Seventh Year of the Reign of His late Majesty, intituledAn 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: And whereas another Act was passed in the last Session of Parliament, intituled An Actto carry into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues: And whereas it is expedient to explain and amend certain Provisions in the said Acts contained;' be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons,in this present Parliament assembled, and by the Authority of the same, That, notwithstanding any thing in either of the said recited Acts contained, it shall be lawful for the Ecclesiastical Commissioners forEngland , at any Meeting duly convened according to the Provisions thereof; to continue and adjourn such Meetingfrom Day to Day for any such Number of Days as they shall deem necessary; and the Proceedings of the said Commissioners, and all Acts, Matters, and Things done and executed by them, on each and every of such Days of Adjournment, shall be as valid and effectual to all Intents and Purposes as if the same had been done and executed on the First Dayof such Meeting: Provided always, that no Proceeding which requires to be ratified and confirmed by the Common Seal of the Corporation shall be finally concluded by the affixing of the said Seal on any such Day of Adjournment, unless Notice of the Intention to propose such Proceeding for final Consideration and Decision shall have been sent together with every Notice issued for such First Day of Meeting.
II Cathedrals in which Honorary Canonries are founded.
II. And for the Removal of all Doubts respecting the Foundation of Honorary Canonries, be it declared and enacted, That Honorary Canonries are and shall be founded forthwith in the Cathedral Churches ofCanterbury, Bristol, Carlisle, Chester, Durham, Ely, Gloucester, Norwich, Oxford, Peterborough, Ripon, Rochester, Winchester , and Worcester , and in the Collegiate Church of Manchester so soon as the same shall become a Cathedral Church, and in no other Cathedral Church; and that all the Provisions of the secondly recited Act which purport to relate to Honorary Canonries shall apply to the Honorary Canonries so founded.
III Honorary Preferment may be held with Two Benefices, 3 & 4 Vict. c. 113. ∥∥ 23. 51., and shall not be subject to Lapse.
III. And be it enacted, That the holding of an Honorary Canonry, or of any Prebend, Dignity, or Office, not now in any Manner endowed, or whereof the Lands, Tithes, or other Hereditaments, Endowments, or Emoluments shall have been vested in the Ecclesiastical Commissioners forEngland , or which may hereafter be endowed to an Amount not exceeding Twenty Pounds by the Year, shall not be construed to prevent the holding therewith of more Benefices than One; and that no such Prebend, Dignity, or Office, which was vacant on the Thirteenth Day of August last, or became so at any Time since, shall be deemed to have lapsed by reason of such Vacancy, but hath remained and shall remain in the Patronage of the Archbishop or Bishop of the Diocese for the Time being until a Successor shall be collated thereto; and that every such Prebend, Dignity, or Office, which shall hereafter become vacant, and every such Honorary Canonry, shall in like Manner be and remain in the Patronage of the Archbishop or Bishop of the Diocese for the Time being until a Successor shall be collated thereto; any Royal Prerogative, Statute, Canon, or Usage to the contrary notwithstanding.
IV First Fruits and Tenths of vacated Prebends, &c.
IV. 'And whereas it is not just that First Fruits and Tenths should be paid by the Holders of Dignities, Prebends, and Offices of which the Estates are vested in the said Ecclesiastical Commissioners, and it is inexpedient to diminish the Amount of the Fund accruing to the Governors of QueenAnne 's Bounty in respect of such Prebends, Dignities, and Offices, and of Sinecure Rectories;' be it enacted, That the Holders of all Dignities, Prebends, and Offices, whereof the Lands, Tithes, Tenements, and other Hereditaments and Endowments shall have become so vested, shall be absolutely relieved and discharged from the Payment of all First Fruits and Tenths in respect of such their Dignities, Prebends, and Offices respectively; and that the said Commissioners shall yearly and every Year, on or before the Thirty-first Day ofMarch , out of the Monies at their Disposal under the Provisions of the secondly recited Act, pay or cause to be paid to the Treasurer of the said Governors for the Time being a Sum equal to One Twentieth Part of the aggregate Amount charged for First Fruits on all Dignities, Prebends, Offices, and Sinecure Rectories, of which the Lands, Tithes, Tenements, or other Hereditaments or Endowments had on the last Day of the preceding December become so vested in the said Commissioners, as an average Compensation for, and in full Satisfaction of all Claim of the said Governors to, the First Fruits heretofore payable in respect thereof; and the said Commissioners shall also, subject to the Proviso herein-after contained, on or before the same Day of March , and out of the same Monies, pay or cause to be paid yearly and every Year to the said Treasurer for the Time being the aggregate Amount of the Tenths due to the said Governors for or in respect of all the same Dignities, Prebends, Offices, and Sinecure Rectories: Provided always, that nothing herein contained shall relieve any Person from the Payment of any Tenths which he is now bound to pay by any Covenant contained in any Lease held by him: Provided also, that in case of any Bishop being deprived by the Provisions of this Act of any Tenths heretofore receivable by him, the Amount thereof shall from Time to Time and out of the same Monies be paid or allowed to such Bishop by the said Commissioners.
V Deans need not hold Prebends.
V. And be it declared and enacted, That the holding of a Canonry Residentiary, Prebend, or Office is not nor shall be necessary to the holding of the Deanery of any Cathedral Church inEngland , nor to the entitling of any Dean to his full Share of the divisible Corporate Revenues of such Church,although such Share may not heretofore have been received by any preceding Dean otherwise than as a Canon Residentiary; and that the holding of a Prebend is not nor shall be necessary to the holding of either of the Residentiary Canonries in the Cathedral Church ofSaint Paul in London which are in the direct Patronage of Her Majesty.
VI Commissioners to have same Claims as duly qualified Prebendaries.
VI. And be it declared and enacted, That the Provisions of the secondly recited Actand of this Act, by virtue of which any Lands, Tithes, or other Hereditaments, Endowments, or Emoluments belonging to any Dignity, Prebend, or Office, in any Cathedral or Collegiate Church, have accrued to and become vested in, or may accrue to or become vested in, the said Ecclesiastical Commissioners, do and shall be construed to extend to and include all Lands and Tenements, (except any House 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 any Cathedral or Collegiate Church, or in the Vicinity of any Residence House, which, under the Provisions of the secondly recited Act, may be reserved to such Church, or permanently annexed to any Residentiary House by the Authority in the same Act provided,) Tithes, or other Hereditaments, Endowments, and Emoluments, of what Nature or Kind soever, which, if the said secondly recited 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.
VII & 4 Vict. c. 113. to apply to other non-residentiary Prebends, &c. ∥∥ 22. 51, 52, 53.
VII. And be it enacted, That all the Provisions in the said secondly recited Act and in this Act contained relating to Lands, Tithes, or other Hereditaments or Endowments belonging to Prebends not residentiary, shall apply also to all Lands, Tithes, and other Hereditaments and Endowments belonging to the respective Offices of Sacrist, Custos, and Hospitaller in any Cathedral or Collegiate Church, or enjoyed by the Holders thereof in right of such Offices, as fully and effectually as if such Offices had been expressly named as subject to such Provisions.
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