Page images
PDF
EPUB

reign, intituled "An 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," the said Commissioners were directed to prepare and lay before his then majesty in council a scheme for preventing the appointment of any clergyman not fully conversant with the WELSH language to certain benefices with cure of souls in WALES: and whereas it is expedient to repeal such enactment, and instead thereof to enact other provisions of more general and extensive application; be it therefore enacted, that the said enactment shall be and the same is hereby repealed.

104. And be it enacted, That within the several dioceses of Saint Asaph, Bangor, Llandaff, and Saint Davids, it shall and may be lawful for the Bishop, if he shall think fit, to refuse institution or Licence to any Spiritual person who after due examination and inquiry shall be found unable to preach, administer the Sacraments, perform other pastoral duties, and converse in the WELSH language: Provided always that any such Spiritual person may, within one month after such refusal, appeal to the Archbishop of Canterbury, who shall either confirm such refusal or direct the Bishop to grant institution or licence, as shall seem to the Archbishop just and proper: Provided also, that nothing hereinbefore contained shall be construed to affect or abridge any rights which the inhabitants of any benefice within the said four Welsh dioceses may at present by Law possess of entering a caveat against or objecting in due course of law to the institution, collation, or License of any Spiritual person, or of proceeding to procure the deprivation of any such person.

105. And be it enacted, That all the provisions and powers of this Act relating to the appointment of curates where the ecclesiastical duties are inadequately performed shall within the several dioceses of Saint Asaph, Bangor, Llandaff, and Saint Davids extend and apply to cases wherein the Bishop shall see reason to believe that the ecclesiastical duties of any benefice are not satisfactorily performed by reason of the insufficient instruction in the WELSH language of the Spiritual person serving such benefice.

A.D. 1840]

3 and 4 Victoria, c. 113, ss. 1, 2, 19, 22, 38, 39, 40, 51, 62, 66.

AN ACT TO CARRY INTO EFFECT THE REPORT OF THE

ECCLESIASTICAL COMMISSIONERS.

I. That from henceforth all the members of chapter, except the dean, in every cathedral and collegiate church in England, and in the cathedral churches of Saint David and Llandaff, shall be style ` canons; and the precentor of the cathedral church of Saint David . . . shall be... styled dean.

2. That, subject to the provisions hereinafter contained, the number of canons in the several cathedral and collegiate churches of the new foundation, and in the cathedral churches of Saint David and Llandaff, . . . shall be the number respectively specified in the Schedule hereto annexed, viz :-two in each.

19. That no appointment shall hereafter be made to any canonry in either of the cathedral churches of Saint David or Llandaff, excepting any canonry by the vacancy of which the canons shall be reduced below the number of two; and that all canonries vacant previously to such reduction shall be suspended.

22. Subject to the provisions hereinafter contained, That after the passing of this Act no presentation, collation, donation, admission, election, or other appointment to the dignity or office of sub-dean, Chancellor of the Church, Vice Chancellor, treasurer, provost, precentor, or succentor, nor to any prebend not residentiary in any cathedral or collegiate church in England, or in the cathedral churches of Saint David and Llandaff, or in the collegiate church of Brecon, shall convey any right or title whatsoever to any lands, tithes, or other hereditaments, or any other endowment or emolument whatsoever, now belonging to such dignity, office, or prebend, or enjoyed by the holder thereof in right of such dignity, office, or prebend, or any part thereof: provided that nothing herein contained shall be construed to deprive any present or future holder of any office in any cathedral or collegiate church, actually performing duties in respect of such office, of any stipend or other emolument heretofore accustomably assigned to such office, or paid to the holder thereof, according to the statutes of such church, out of the revenues thereof.

38. That the canonries of the cathedral church of Saint David

shall be in the direct patronage of the Bishop of Saint David's, and that so soon as conveniently may be the canons may be respectively instituted or licensed, as the case may be, to the cure of souls in the parish of Saint David; and the whole divisible corporate revenues shall be divided into twenty-four parts, ten of which parts shall be assigned to the dean, and five to each canon, and the remaining four parts shall be assigned as an endowment to the archdeacon of Cardigan.

39. That, so soon as conveniently may be, and by the authority hereinafter provided, due provision shall be made out of the endowments belonging to the prebends in the collegiate church of Brecon for the archdeaconries of Brecon and Carmarthen.

40. That the archdeacon of Llandaff shall from henceforth be also dean of the cathedral church of Llandaff, and that, so soon as conveniently may be, the canons of the said church may be instituted or licensed, as the case may be, to the cure of souls in the parishes of Llandaff and Whitchurch respectively; and, after the reservation to the Lord Bishop of Llandaff of one seventh part (being his present share) of the whole divisible corporate revenues, the remainder thereof shall be divided among the three members of the chapter, in the proportions of one half to the dean and one quarter to each of the canons.

51. That all lands, tithes, and other hereditaments, excepting any right of patronage, and all other the emoluments and endowments whatsoever belonging to the deanery of 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 Saint 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 passing of this Act immediately upon its so passing, and as to all others immediately upon the vacancies thereof respectively, 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 for England and their successors for the purposes of this Act: Provided always, that all other rights and privileges whatsoever now by law belonging to any of such dignities, offices, or prebends, except the said last-named

deaneries, shall continue to belong thereto, except so far as any of such rights or privileges may be controuled or affected by any of the provisions of this Act, respecting the right of election now exercised by any chapter; Provided always, that nothing herein contained shall in any manner apply to or affect any dignity, office, or prebend which is permanently annexed to any bishoprick, archdeanery, professorship, or lectureship, or to any school or the mastership thereof, &c.

62. That, if it be deemed fit, any part of the lands, tithes, or other hereditaments, or of the rents and profits thereof, which shall be vested in or accrue to the Ecclesiastical Commissioners for England from or in respect of the cathedral church of Saint David or the collegiate church of Brecon, may by the authority hereinafter provided be transferred to the college of Saint David's at Lampeter, in exchange for benefices with cure of souls which are now connected with the said college; and the said college is hereby empowered upon the completion of any such arrangement to convey any such benefices to such person or body corporate, and in such manner, as shall by the like authority be directed.

66. That so soon as conveniently may be, and by the authority, hereinafter provided, such other annual sums shall be determined on to be paid, and shall be accordingly paid, by the said Commissioners, or such deductions shall be allowed to be made out of the proceeds of any suspended canonry or canonries, as, after like inquiry and calculation, shall give to the dean of every cathedral and collegiate church in England an average annual income of £1,000, and to the deans of Saint David's and Llandaff respectively an average annual income of £700, and to the respective canons of every cathedral church in England an average annual income of £500, and to the canons of the said churches of Saint David and Llandaff an average annual income of £350.

A.D. 1841] 4 & 5 Victoria, c. 39, ss. 14, 28.

AN ACT RELATING TO THE ECCLESIASTICAL COMMISSIONERS. (Repealing sections 38, 39, and 40 of 3-4 Victoria, c. 113). 14. That so much of the said secondly recited Act as relates to the division and application of the existing corporate revenues of the chapters of the cathedral churches of Saint David and Llandaff

respectively, and to the application of the endowments belonging to the prebends in the collegiate church of Brecon, shall be and the same is hereby repealed.

28. That nothing in this Act contained shall, except as hereinafter specified, extend or apply to the dioceses or cathedral churches of Saint Asaph and Bangor or either of them; and that 5 & 6 WILL. 4, c. 30, 6 & 7 WILL. 4, c. 67, and such parts of 2 & 3 VICT., c. 55, as relate to the two last-mentioned Acts, so far only as the same Acts and parts of an Act apply to the said two last-mentioned dioceses and churches, or either of them, and also the temporary provisions, of the first herein recited Act, shall respectively continue and be in force until the first of August 1842, and, if Parliament shall be then sitting, until the end of the then session of Parliament: Provided always, that notwithstanding anything in the same Acts, or any or either of them, or in this Act contained, it shall be lawful for the Bishop of Bangor for the time being to collate to any vacant canonry, prebend, dignity, or office in the said cathedral church of Bangor not having any estate or endowment belonging thereto; and also that any bishop or archdeacon may hold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive presentments, and do all other acts, matters, and things by custom appertaining to the visitations of bishops and archdeacons in the places assigned to their respective jurisdiction and authority under or by virtue of the provisions of the said first or secondly recited Act; and any bishop may consecrate any new church or chapel or any new burial ground within his diocese.

A.D. 1842]

5 & 6 Victoria, c. 112.

AN ACT FOR SUSPENDING APPOINTMENTS TO CERTAIN ECCLESIASTICAL PREFERMENTS IN THE DIOCESES OF SAINT ASAPH AND BANGOR; AND FOR SECURING CERTAIN PROPERTY TO THE SAID SEES.

By this Act,

After reciting the passing of 5 & 6 WILL. 4, c. 30, and 6 & 7 WILL. 4, c. 67, and that the said Acts, so far as they apply to the dioceses and cathedral churches of Saint Asaph and Bangor, have been and are continued until the 1st of August next, and if Parlia

« PreviousContinue »