413:, and certain laymen appointed by the crown and by the archbishop of Canterbury. The lay commissioners were required to be members of the Church of England, and to subscribe a declaration to that effect. The crown also appointed two laymen as church estates commissioners, and the archbishop of Canterbury one. These three were the joint treasurers of the commission, and constituted, 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 had power to make inquiries and examine witnesses on oath. Five commissioners were a quorum for the transaction of business, provided two of them were church estates commissioners; two ecclesiastical commissioners at least had to be present at any proceeding under the common seal, and if only two were present they could 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, could be ratified by orders, specifying the times when they should take effect, and such orders when published in the
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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, etc., 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.
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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 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 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.
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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, etc. By the act of 1840 the fourth report of the original commissioners, dealing chiefly
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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
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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
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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,
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An Act for carrying into Effect the
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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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c. 113) and subsequent acts, to consist of the two archbishops, all the bishops, the deans of
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and the principal officers of state, and three laymen named in the act.
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The constitution of the commission was amended by the
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