Future ap

prebends, or

Proviso.

consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all future appointments to any ecclesiastical dignity, place, or pointments. office referred to in the above mentioned recommendations be made subject to such measures and regulations as may hereafter be enacted Vacancies in respecting the same, except as hereinafter excepted; no appointment, canonries, presentation, or collation be made to any canonry, prebend, or dig. dignities not nity in any cathedral church in England or Wales, or in his majesty's to be filled up royal chapel of Windsor, or in the collegiate churches of Westminster and Ripon, or to any benefice without cure of souls in England or Wales, which is now vacant or which shall hereafter become vacant during the continuance of this act: provided always, that nothing herein contained shall be construed to apply to any archdeaconry, nor to any deanery, except the deanery of Wolverhampton, nor to the dignity of precentor in the cathedral church of Saint David's, nor to any of the canonries in the cathedral churches of York, Saint Paul's in London, Carlisle, Chichester, and Lincoln, nor to either of the two canonries of Christ Church, which are respectively annexed to the regius professorships of divinity and Hebrew in the university of Oxford, nor to the prebend in the cathedral church of Worcester, which is annexed to the lady Margaret's professorship of divinity in the same university, nor to the two prebends in the collegiate church of Westminster, which the said commissioners have in their said reports recommended to be annexed to the parishes of Saint Margaret and Saint John in the city of Westminster respectively, nor to the fourth prebend in the cathedral church of Durham, which is by an act passed in the second year of his present majesty's reign to be annexed to the archdeaconry of Durham, nor to the prebends in the cathedral churches of Gloucester, Norwich, and Rochester, which are respectively annexed to the masterships of Pembroke college in Oxford and of Catherine hall in Cambridge, the provostship of Oriel college in Oxford, and the archdeaconry of Rochester respectively, nor to any prebend now enjoyed by the bishops of Lincoln, Lichfield, Exeter, and Salisbury in the chapters of their respective sees, nor to any benefice without cure of souls which is in the patronage of any college in either of the universities or of any private patron, nor to any canonry in the chapter of Christ Church in Oxford by the vacancy of which the canonries in the said chapter shall be reduced below the number of six, nor to any prebend or canonry in the chapter of any other cathedral or collegiate church in England, or of his majesty's royal chapel of Windsor, or of the collegiate churches of Westminster or Ripon, by the vacancy of which the prebends or canonries in such chapters respectively shall be reduced below the number of four, nor to any canonry in the chapter of either of the cathedral churches of Wales by the vacancy of which the canonries in such chapter shall be reduced below the number of two.

Act not to affect act

e. 30.

II. And whereas an act was passed in the last session of parlia 5 & 6 W. 4, ment, intituled an act for protecting the revenues of vacant ecclesiastical dignities, prebends, canonries, and benefices without cure of souls, and for preventing the lapse thereof, during the pending inquiries respecting the state of the established church in England and Wales; be it enacted, that nothing herein contained shall be construed to prejudice

or affect the said act, excepting such part thereof as provides that nothing therein contained shall prevent his majesty, or any archbishop, bishop, or other patron of any dignity, prebend, canonry, or benefice without cure of souls which at the time of the passing of the said might have or should thereafter become vacant, from appointing a successor thereto in case he should think proper to do so, but that such last mentioned provision, except so far as it relates to any canonry, prebend, dignity, or benefice hereinbefore excepted from the operation of this act, be and the same is hereby repealed.

to be in force

III. And be it enacted, that all the provisions of the said act, Recited act except as herein excepted, shall remain in full force during the with this act. continuance of this act.

act.

IV. And be it enacted, that this act shall continue and be in force Duration of for one year from the passing thereof, and, if parliament be then sitting, until the end of the session of parliament.

commissions

6 & 7 WILLIAM 4, CAP. 77.-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. Whereas his majesty was pleased, on the fourth day Recital of of February and on the sixth day of June in the year one thousand and reports. eight hundred and thirty-five, to issue two several commissions to certain persons therein respectively named, directing them to consider the state of the several dioceses in England and Wales, with reference to the amount of their revenues, and the more equal distribution of episcopal duties, and the prevention of the necessity of attaching by commendam to bishoprics benefices with cure of souls, and to consider also the state of the several cathedral and collegiate churches in England and Wales, with a view to the suggestion of such measures as may render them conducive to the efficiency of the established church, and to devise the best mode of providing for the cure of souls, with special reference to the residence of the clergy on their respective benefices: and whereas the said commissioners have, in pursuance of such directions, made four several reports to his majesty, bearing date respectively the seventeenth day of March one thousand eight hundred and thirty-five, and the fourth day of March, the twentieth day of May, and the twenty-fourth day of June one thousand eight hundred and thirty-six: and whereas the said commissioners have, in their said reports, amongst other things, recommended that commissioners be appointed by parliament for the purpose of preparing and laying before his majesty in council such schemes as shall appear to them to be best adapted for carrying into effect the following recommendations; and that his majesty in council be empowered to make orders ratifying such schemes, and having the full force of law; and that the diocese of Canterbury consist of the county of Kent, (except the city and deanery of Rochester, and those parishes which it is proposed to include in the diocese of London), and of the parishes of Croydon and Addington, and the district of Lambeth Palace, in the county of Surrey; and that the diocese of London consist of the city of London and the county of Middlesex, of the parishes of Barking, East Ham, West Ham, Little Ilford, Low

Layton, Walthamstow, Wanstead, Saint Mary Woodford, and Chingford, in the county of Essex, all in the present diocese of London; of the parishes of Charlton, Lee, Lewisham, Greenwich, Woolwich, Eltham, Plumstead, and Saint Nicholas Deptford, in the county of Kent, and Saint Paul Deptford in the counties of Kent and Surrey, all now in the diocese of Rochester; of the borough of Southwark, and the parishes of Battersea, Bermondsey, Cumberwell, Christchurch, Clapham, Lambeth, Rotherhithe, Streatham, Tooting-Graveney, Wandsworth, Merton, Kew, and Richmond, in the county of Surrey and present diocese of Winchester; and of the parishes of Saint Mary Newington, Barnes, Putney, Mortlake, and Wimbledon, in the county of Surrey and in the peculiar jurisdiction of the archbishop of Canterbury, together with all extra-parochial places locally situate within the limits of the parishes above enumerated, except the district of Lambeth Palace; and that the diocese of Winchester be diminished by the transfer of the parish of Addington to the diocese of Canterbury. and of the before mentioned parishes to the diocese of London; and that the whole of the parish of Bedminster be transferred from the diocese of Bath and Wells to the diocese of Gloucester and Bristol; and that the city and deanery of Bristol be united to the diocese of Gloucester; and that the southern part of the diocese of Bristol, consisting of the county of Dorset, be transferred to the diocese of Salisbury; and that the diocese of Ely be increased by the counties of Huntingdon and Bedford, now in the diocese of Lincoln, by the deaneries of Lynn and Fincham in the county of Norfolk and diocese of Norwich, and by the archdeaconry of Sudbury in the county of Suffolk and diocese of Norwich, with the exception of the deaneries of Sudbury, Stow, and Hartismere, and by that part of the county of Cambridge which is now in the diocese of Norwich; and that it be declared that the Scilly islands are within the jurisdiction of the bishop of Exeter and of the archdeacon of Cornwall; and that the sees of Gloucester and Bristol be united, and that the diocese consist of the present diocese of Gloucester, of the city and deanery of Bristol, of the deaneries of Cricklade and Malmesbury in the county of Wilts and now in the diocese of Salisbury, and of the whole of the parish of Bedminster, now in the diocese of Bath and Wells; and that to the diocese of Hereford be added the deanery of Bridgnorth, now locally situated between the dioceses of Hereford and Lichfield; and that those parts of the counties of Worcester and Montgomery which are now in the diocese of Hereford be transferred to the dioceses of Worcester and Saint Asaph and Bangor respectively; and that the diocese of Lichfield consist of the counties of Stafford and Derby: and that the diocese of Lincoln consist of the counties of Lincoln and Nottingham; and that the latter county, now in the diocese and province of York, be included in the province of Canterbury; and that the diocese of Norwich consist of the counties of Norfolk and Suffolk, except those parts which it is proposed to transfer to the diocese of Ely; and that the diocese of Oxford be increased by the county of Buckingham, now in the diocese of Lincoln, and by the county of Berks, now in the diocese of Salisbury; and that the diocese of Peterborough be increased by the county of Leicester, now in the diocese of Lincoln; and that the diocese of Rochester consist of the

city and deanery of Rochester, of the county of Essex (excepting the parishes which it is proposed to leave in the diocese of London), and of the whole county of Hertford; and that to the diocese of Salisbury, reduced according to the foregoing propositions, be added the county of Dorset, now in the diocese of Bristol; and that the diocese of Worcester consist of the whole counties of Worcester and Warwick; and that the sees of Saint Asaph and Bangor be united, and that the diocese consist of the whole of the two existing dioceses (except that part of the diocese of Saint Asaph which is in the county of Salop) and of those parts of the county of Montgomery which are now in the dioceses of Saint David's and Hereford; and that the diocese of Llandaff consist of the whole counties of Glamorgan and Monmouth; and that the diocese of Saint David's be altered by the transfer of those parts of the counties of Montgomery, Glamorgan, and Monmouth which it is proposed to include in the respective dioceses of Saint Asaph and Bangor and Landaff; and that the diocese of York consist of the county of York, except such parts thereof as it is proposed to include in the new diocese of Ripon; and that the diocese of Durham be increased by that part of the county of Northumberland called Hexhamshire which is now in the diocese of York; and that the sees of Carlisle and Sodor and Man be united, and that the diocese consist of the present diocese of Carlisle, of those parts of Cumberland and Westmorland which are now in the diocese of Chester, of the deanery of Furnes and Cartmel in the county of Lan. caster, of the parish of Aldeston, now in the diocese of Durham, and of the Isle of Man; and that the diocese of Chester consist of the county of Chester, of so much of the county of Flint as is now in that diocese, and of so much of the county of Salop as is not in the diocese of Hereford; and that the whole diocese be included in the province of York, and that two new sees be erected in the province of York, one at Manchester and the other at Ripon; and that the diocese of Manchester consist of the whole county of Lancaster except the deanery of Furnes and Cartmel; and that the diocese of Ripon consist of that part of the county of York which is now in the diocese of Chester, of the deanery of Craven, and of such parts of the deaneries of the Ainsty and Pontefract in the county and diocese of York as lie to the westward of the following districts; viz. the liberty of the Ainsty and the wapentakes of Barkston Ash, Osgold-. cross, and Staincross; and that all parishes which are locally situate in one diocese, but under the jurisdiction of the bishop of another diocese, be made subject to the jurisdiction of the bishop of the diocese within which they are locally situate; and that such variations be made in the proposed boundaries of the different dioceses as may appear advisable, after more precise information respecting the circumstances of particular parishes or districts; and that the bishops of the two newly-erected sees be made bodies corporate, and be invested with all the same rights and privileges as are now possessed by the other bishops of England and Wales, and that they be made subject to the metropolitan jurisdiction of the archbishop of York, and that the collegiate churches of Manchester and Ripon be made the cathedrals, and that the chapters thereof be the chapters of the respective sees of Manchester and Ripon, and be invested with

all the rights and powers of other cathedral chapters; and that the members of these and of all other cathedral churches in England be styled dean and canons; that the chapter of Carlisle be the chapter of the united see of Carlisle and Man; that the bishops of the see of Saint Asaph and Bangor be elected alternately by the dean and chapter of Saint Asaph and by the dean and chapter of Bangor; that the bishops of the see of Bristol and Gloucester be elected alternately by the dean and chapter of Bristol and by the dean and chapter of Gloucester; that power be given to determine the future mode of confirming such acts of the bishop of either of the united sees as may require confirmation by a dean and chapter; and that upon the first avoidance of either of the sees of Saint Asaph or Bangor and of Gloucester or Bristol the bishop of the other of the sees proposed to be united become ipso facto bishop of the two sees, and thereupon become seized and possessed of all the property, advowsons, and patronage belonging to the see so avoided; and that the jurisdiction of the bishop's court in each diocese be co-extensive with the limits of the diocese as newly arranged; and that such arrangements be made with regard to the apportionment of fees payable to the officers of the several diocesan courts as may be deemed just and equitable, for the purpose of making compensation to those officers who may be prejudiced by the proposed alterations; and that such alterations be made in the apportionment or exchange of ecclesiastical patronage among the several bishops as shall be consistent with the relative magnitude and importance of their dioceses when newly arranged, and as shall afford an adequate quantity of patronage to the bishops of the new sees; and that, in order to provide for the augmentation of the incomes of the smaller bishoprics, such fixed annual sums be paid to the commissioners out of the revenues of the larger sees respectively as shall, upon due inquiry and consideration, be determined on, so as to leave as an average annual income to the archbishop of Canterbury fifteen thousand pounds, to the archbishop of York ten thousand pounds, to the bishop of London ten thousand pounds, to the bishop of Durham eight thousand pounds, to the bishop of Winchester seven thousand pounds, to the bishop of Ely five thousand five hundred pounds, to the bishop of Saint Asaph and Bangor five thousand two hundred pounds, and to the bishop of Worcester and Bath and Wells respectively five thousand pounds; and that out of the fund thus accruing fixed annual payments be made by the commissioners, in such instances and to such amount as shall be in like manner determined on, so that the average annual incomes of the other bishops respectively be not less than four thousand pounds nor more than five thousand pounds; and that at the expiration of every seven years, reckoning from the first day of January one thousand eight hundred and thirty-seven, a new return of the revenues of all the bishoprics be made to the commissioners, and that thereupon the scale of episcopal payments and receipts be revised, so as to preserve as nearly as may be, to each bishop, an amount of income equivalent to that which shall have been determined in the first instance to be suitable to the circumstances of his bishopric, and that such revised scale take effect as to each see respectively upon the then next avoidance thereof; and that if, in determining the