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V-

THE

WELSH DISESTABLISHMENT BILL,

■ 191 2

WITH EXPLANATORY NOTES

AND COMPARED WITH THE PREVIOUS BILLS AND WITH THE
IRISH DISESTABLISHMENT ACT OF 1869

R. W. FOWELL AND L. GEORGE DIBDIN

OF LINCOLN'S INN, BARRISTERS-AT-LAW

Publisbrb bn

THE CENTRAL CHURCH COMMITTEE FOR DEFENCE AND INSTRUCTION

CHURCH HOUSE, WESTMINSTER, LONDON, S.W,

1912

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^ THE WELSH DISESTABLISHMENT

BILL.

ARRANGEMENT OF CLAUSES.

Part I.

Disestablishment and Vesting and Distribution

OF Property.

Disestablishment.

CLAUSE PAOE

1. Disestablishment and prohibition of future appoint-

ments . . . . . . . . 5

2. Ecclesiastical corporations and bishops . . . . 8

3. Ecclesiastical law and courts . . . . . . 10

^ Vesting of Propertw

\n 4. Vesting of property . . ' . . . . . . . . 15

>- 5. Apportionment of property by Ecclesiastical Com-

^ missioners and Queen Anne's Bounty . . . . 19

£ 6. Powers and liabilities of Ecclesiastical Com-
missioners and Queen Anne's Bounty after dis-
establishment . . . . . . . . . . 28

5 7. Private benefactions . . . . . . . . . . 31

o Distribution of Propertv.

^ 8. Distribution of property by Welsh Commissioners },^

Border Parishes.
2: 9. Provisions as to border parishes . . . . . . 42

CSX

% Part II.

Welsh Commissioners and Representative Body.

Welsh Commissioners.

10. Appointment of Commissioners . . . . 44

11. Powers and procedure of Commissioners . . 47

12. .\))peal to the King in Council . . . . . 48

Constitution of Representative Body.

13. Power to hold synods and constitute Representative

Body 49

433316

Part III.

Existing Interests : Compensation : Application of

Residue.

Provisions as to existing Interests, and Compensation

therefor.

PAGE

14. Provisions as to existing interests . . . . . . 51

15. Provisions as to tithe rentcharge . . . . . . 57

16. Compensation to lay patrons . . . . . . . . 60

17. Compensation to lay holders of freehold offices . . 63

Application of Residue.

18. Application of residue of property . . . . . . 65

Part IV.

Supplemental.

19. First fruits and tenths

20. Vacancies during suspensory period

21. Provision as to trusts

22. Saving for marriage law

23. Supplemental provisions as to burial grounds

24. Powers of vestries and churchwardens

25. Powers of incumbents with respect to property in

which they have existing interest

26. Powers of management and sale

27. Supplemental provisions as to tithe rentcharge

68
69
70
72

73
76

79
81

28. Delivery up of and access to books and documents 81

29. Borrowing powers . . . . . . . . ■ • 83

30. Accounts of Welsh Commissioners and audit . . 85

31. Provisions as to vesting of stock and copyhold land 85

32. Power to settle differences and make adjustments 86

33. Adjustment of debts and liabilities . . . . . • 86

34. Arbitration . . . . . . . . . • • • 87

35. Interpretation . . . . . . . . • • • • 87

36. Short title 9^

Schedules . . . , . , . • . . '-,92

THE WELSH DISESTABLISHMENT BILL

A Bill to terminate the establishment of the Church
of England in Wales and Monmouthshire, and
to make provision in respect of the Temporalities
thereof, and for other purposes in connection with
the matters aforesaid.

A general summary of the effects of the Bill will be found

at page 97.

\^The text of the Bill is disti?iguished by a line in the margin.]

"DE it enacted by the King'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,
as follows : —

Part I.

Disestablishment and Vesting and Distribution of

Property.

Disestablishment.

1. On the first day of July next after the passing of oisestabiish-
this Act (in this Act referred to as the date of disestablish- prohibi"ion
ment), the Church of England, so far as it extends to of future

" appointments.

and exists in Wales and Monmouthshire (in this Act

referred to as the Church in Wales), shall cease to be

estabUshed by law, and, save as by this Act provided,

no person shall, after the passing of this Act, be appointed

or nominated by His Majesty or any person, by virtue of ,

any existing right of patronage, to any ecclesiastical

office in the Church in Wales.

CI. 1, This clause is substantial!}^ the same as clause i of the

note. Bill of 1909 and clause i of the Bill of 1895 as amended

in Committee. " Established by law." It would seem
that the result of the first part of this clause is that all
laws dealing with the Church of England as such, whether
statutes or common law or case-made law, would cease
to be applicable in Wales and Monmouthshire on the
" date of disestabhshment," i.e.ijnly 1, next after the
passing of the Act. See clause 35 (3).

The effect is by no means easy to discern with pre-
cision. The duties of the parochial clergy and the
rights of parishioners with regard to the publication
of banns and the solemnisation of marriage in church
are attempted to be preserved by clause 22.

Churchj'ards (not closed) pass under clauses 4 (i) and
8 (i) (6) to the burial authorities, Parish or District
Councils on the determination of existing incumbencies,
except such as have been provided by private benefaction
since 1662. Clause 23 contains detailed provisions as to
the maintenance, etc. of churchyards transferred under
clause 8 (i) (&) (see note to clause 23).

The Incumbents' Resignation Acts so far as they
apply to Wales appear to be repealed from the date of
disestablishment. The Proviso to clause 14 (2) attempts
to continue the provision of pensions for incumbents
retiring on the ground of infirmity after the date of
disestablishment from livings in which they have existing
interests. But the case of incumbents who may have
resigned before that date, on a pension under the Resigna-
tion Acts does not seem to have been dealt with by the
Bill. Will the existing incumbent at the date of dis-
establishment have to pay the pension out of the in-
come he receives in respect of his vested interest ? If
so, wtiat is to happen if the existing incumbent die before
the pensioned incumbent ? Clause 4 (i) provides that
property vested in the Welsh Commissioners is subject
to all charges affecting the property, and the pension is a
" charge on the revenues of the benefice " (34 & 35 Vict,
c. 44, sec. 10). Possibly the pensioned incumbent will
have a claim against the various public bodies, amongst
whom the endowments of his late benefice have been
divided. Clause 15 which provides for County Councils
pa3dng an annuity in lieu of tithe rentcharge seems to
apply to existing incumbents only.

The Bill (clause 3 (4) ) purports to give the Disestab- CI. 1,
lished Church the power to adapt the Dilapidations Acts note.
to the new circumstances so far as properties transferred
to the representative body, e.g. parsonages and other
residence houses, are concerned. But it is very question-
able whether by any such possible adaptation any part
of the machinery of the Dilapidations Acts which pre-
suppose the active participation of bishops, archdeacons,
rural deans, diocesan surveyors, and Queen Anne's
Bounty, and assume a continued succession of incum-
bents can really be worked after the changes effected by
the Bill. (See post, clause 3 (4) ).

The Acts of Uniformity and the statutes dealing with
clergy discipline cease to be apphcable to Wales at the
date of disestablishment. But clause 3 (see post) is
intended to meet the difficulty and prevent the confusion
which would arise from the sudden abrogation, so far as
the Welsh clergy and churches are concerned, of all eccle-
siastical law, administrative, discipHnary and doctrinal.
The obscurity, to use no stronger word, that seems to hang
about this part of the scheme of the Bill is discussed
under clause 3.

The existing statutory machinery for sales, leases,
mortgages, exchanges, and other dealings with eccle-
siastical property is attempted to be preserved during
the vested interest of the holder of an ecclesiastical
office at the date of DisestabHshment, by clause 25 (i).

The Irish Church Act, 1869 (32 & 33 Vict. c. 42,
sees. 2 and 71), contains a similar provision to clause i
of the 'i Bill, but with an important difference. In the
case of Ireland there was an Act of Union (39 & 40
Geo. III. c. 67, article 5), which united the Churches of
England and Ireland into one Church, " the doctrine,
worship, discipline, and government " of which were
" to remain in full force for ever, as the same are now
(1800) by law estabhshed." The Union, therefore, of the
established churches of England and Ireland depended
more or less on statute, and could be abohshed by
statute. What an Act of Parhament could do, it could
undo. But the relation of the Welsh dioceses to the rest
of the Church of England is entirely independent of,
and has never till now been dealt with by an Act of
Parhament. The \\'elsh Bills of 1895 and 1909, and this
Bill are thus a new departure.

CI. 1, The second part of clause i prevents the appointment

note. of any bishop, dean, canon, archdeacon, or incumbent

or any lay officer, as defined in clause 35 (i), during the
interval between the passing of the Act and date of dis-
establishment, so as to confer on the person appomted
a vested interest in the new office. But clause 14 pro-
vides that such person if previously holding an office in
the Church in Wales shall not by reason of the new
appointment lose his vested interest in the old office.

Clause 20 (see post) gives power to fill up any of the
above-mentioned offices which may become vacant
during this interval. The Crown and other patrons will
have this power, but their appointees will in no case
acquire a vested interest in the new office, and in the
case of bishops will not be quahfied to sit in the House of
Lords (clause 2 (2) ).

The Irish Act (sees. 10 and 66) contains similar
clauses ; sub-clause (4) of sec. 66 provided for appoint-
ments during the suspense period being made without
expense to the appointee in the way of fees or duty.
This Bill contains no such exemption. But under
clause 20 (3) persons receiving appointments during
the interval of suspense are not to be Uable to first
fruits or tenths.

Ecclesiastical 2. — (i) On the date of disestablishment every cathe-

anTbishop"! dral and ecclesiastical corporation in the Church in Wales,

whether sole or aggregate, shall be dissolved.

This sub-clause is the same as clause 2 (i) of the 1909
Bill and substantially the same as clause 2 (i) of the 1895
Bill as amended in Committee.

At present every bishop, dean, archdeacon, rector,
and vicar (of an ancient parish), and the holders of certain
other ecclesiastical offices, e.g. canonries or prebends,
are corporations sole with perpetual succession. Cathe-
dral chapters, colleges of vicars choral, and some other
ecclesiastical bodies consisting of more than one person,
are corporations aggregate. The special feature of a
corporation is that it continues for legal purposes, not-
withstanding the death of the individuals constituting
the corporation at any particular time. Property vested
in a corporation is enjoyed by the person or persons
forming the corporation for the time being and on the

death of any such person does not devolve upon his heirs, CI. 2 (1),
but remains the property of the corporation for the use note.
of the next holder of the corporate office. The effect of
dissolving all these corporations at the date of dis-
establishment will be to destroy the present legal organ-
isation of the Church in Wales. There will no longer
be any legal continuity of office. The Irish Act contained
a similar clause, viz. sec. 13.

(2) On and after the date of disestabhshment no
bishop of the Church in Wales shall as such be summoned
to or be qualified to sit or vote as a Lord of Parhament ;
but save as aforesaid every person who is at the 'passing
of this Act a. bishop, dean, canon, or archdeacon of or the
holder of any ecclesiastical office m tlie Church in Wales,
shall during his hfe enjoy the same title and precedence as
if this Act had not passed.

This sub-clause is the same as clause 2 (2) of the 1909
Bill and substantially the same as clause 2 (2) of the 1895
Bill as amended in Committee, and is also similar to
sec. 13 of the Irish Act.

The social status of the Welsh clergy, holding " eccle-
siastical offices," at the passing of the Bill is not to be
taken away. They can, for example, appear at Court
under their old titles, and their relative precedence inter se
is preserved.

In consequence of the creation of ten new English
bishoprics in recent times, without any corresponding
increase in the number of bishops (twenty-four) who
have seats and votes in the House of Lords, the ten
bishops last appointed are always out of the House, except
that the Bishops of London, Durham, and Winchester
take their seats immediately on appointment.

At present all four Welsh Bishops have seats and
votes in the House of Lords ; the effect of this sub-clause
would be to call up four English Bishops (El}-, Newcastle,
Chichester, Nor\vich).

The Bill of 1895 clause 2 (3) contained similar pro-
visions, but the 1909 Bill would have had the ultimate
effect of reducing the total number of Lords spiritual

CI. 2 (2),
note.

Ecclesiastical
law and '
courts.

(archbishops and bishops), entitled to sit and vote to
twenty-two.

Presumably the change from the Bill of 1909 is due
to the possibiht}^ of a reconstruction of the House of
Lords as foreshadowed in the Preamble to the Parhament
Act, 1911.

(3) On and after the date of disestabUshment no I
person shall, by reason only of being a bishop, priest,
or deacon of the Church in Wales, be disqualified or liable
to any penalty for sitting or voting in the House of
Commons.

This provision is new.

By 41 Geo. HI. c. 63, no priest or deacon, or minister
of the Church of Scotland is capable of being elected a
member of the House of Commons. This sub-clause is
intended to remove this disability in respect of the clergy
of the disestablished Church in Wales and place them on
an equality for this purpose with Nonconformist mmisters.

3. — (i) As from the date of disestablishment, eccle-
siastical courts and persons in Wales and Monmouthshire
shall cease to exercise any jurisdicti(m, and the eccle-
siastical law of the Church in Wales shall cease to exist
as law.

This sub-clause takes the place of portions of sub-
clauses 12 (i) and 12 (i) [a) of the Bill of 1909, but it
differs from them. It was there provided that " no
Ecclesiastical Court or person shall have any coercive
jurisdiction," whereas the present Bill requires that
Ecclesiastical Courts and persons " shall cease to exercise
any jurisdiction." In its present shape the BiU follows
the course adopted in the Irish Act, sec. 21. It seems
consistent that when the laws which regulate the Courts
have been repealed and the offices of the judges and other
officials so far as they are corporate offices (clause 2 (i))
have been dissolved these Courts should cease to exist.
They have hitherto exercised two jurisdictions, viz. :
(i) spiritual and voluntary jurisdiction conferred by the
Bishops on the Ecclesiastical judges as their delegates

to try ecclesiastical causes and (ii) coercive jurisdiction CI. 3 (1),
which is conferred by the State and is the right to invoke note.
the civil power to enforce the sentences of the ecclesiastical
courts. This consists in the power of ecclesiastical judges
by pn^ess of significavit to procure the imprisonment
of persons who disobey the orders of their courts. The
Bill of 1909 apparently only dealt with the latter. The
present Bill abolishes both.

(2) As from the same date the then existing eccle-
siastical law and the then existing articles, doctrines,
rites, rules, discipUne, and ordinances of the Church of
England shall, with and subject to such modification or
alteration, if any, as after the passing of this Act may be
duly made therein, according to the constitution and
regulations for the time being of the Church in Wales,
be binding on the members for the time being of the
Church in Wales in the same manner as if they had
mutually agreed to be so bound, and shall be capable of
being enforced in the temporal courts in relation to any
property which by virtue of this Act is held on behalf of
the said Church or any members thereof, in the same
manner and to the same extent as if such property had
been expressly assured upon trust to be held on behall
of persons who should be so bound.

This sub-clause is with one exception similar to
clause 12 (i) of the Bill of 1909 and clause 14 of the Bill
of 1895 and sec. 20 of the Irish Act. Its object seems to
be to prevent the confusion which would fall upon the
Welsh Church if the ecclesiastical law being abrogated
on July I, 1913, there was nothing to take its place and
the Welsh clergy were left amenable to no rules or dis-
cipline whatever. The design seems to be to preserve
the present law (until it has been altered by the Church
acting as a voluntary Society) so as to make it binduig
as a matter of contract in the temporal courts. It is not,
however, easy to see how this is possible, side by side
with the abolition as from the date of disestablishment
of all the ecclesiastical courts, judges and jurisdiction.

CI. 3 (2), For example, a Welsh incumbent after disestablishment
note. commits havoc in his church under the guise of " restora-

tion." The consent of the Ordinary by faculty would
have been necessary prior to disestablishment. But the
court and the judge by which a faculty could have been
granted and the jurisdiction by which authority over
the matter would have been exercised having been
abolished, no faculty is possible. Apparently it is
supposed that the incumbent in a case of this sort will
be liable to be stopped by injunction in the temporal
courts, and perhaps also be liable in damages in the same
courts. But this can only be so if the temporal court
assumes to itself a jurisdiction which it certainly does
not now possess of deciding whether the alterations .
complained of are in accordance with ecclesiastical
law (e.g. ornaments connected with disputed ritual),
or are desirable, or are approved by the parishioners or
otherwise. The difficulty is even greater with regard
to clergy discipline, dilapidations, election and admission
of churchwardens, control of church seats and similar
matters of ecclesiastical administration. {See note to'
clause 3 (4). ) In the corresponding sub-clause of the
^ Bill of 1909 words were introduced purporting to pre-
serve after disestablishment the jurisdiction and authority
of the Archbishop of Canterbury and his courts. But, as
pointed out in a prior edition of this work, the effect
of this attempted exception was very difficult to under-
stand, and it has not been repeated in the present Bill.

Provided that no alteration in the articles, doctrines,
rites, or, save so far as may be rendered necessary by the
passing of this Act, in the formularies of the Church in
Wales, shall be so far binding on any ecclesiastical person
having any existing interest saved by this Act, as to
deprive him of that interest, if he, within one month after
the making of the alteration, signifies in writing to the
representative body hereinafter mentioned his dissent
therefrom.

It will be observed that the saving of the rights of
existing incumbents, etc., in Wales who may elect not to
be bound by changes made by the disestablished Church,

only extends to the articles, doctrines, rites and formii- CI. 3 (2),
laries of the Church. It would seem that existing in- note,
cumbents, etc., will be bound by changes made in matters
of discipline and general administration. For example,
they will be subject to any new courts which the dis-
established Church may set up (clause 3 (3) ) and to any
new arrangements which may be made to take the place
of the present law of dilapidations.

(3) The said constitution and regulations of the
Church in Wales may, notwithstanding anything in this
section, provide for the establishment for the Church in
Wales of ecclesiastical courts, and, if the Archbishop of
Canterbury consents, for appeals from any of the courts
so established being heard and determined by the pro-
vincial court of the archbishop, and the archbishop may,
with the approval of His Majesty in Council, give such
consent, but no such courts shall exercise any coercive
jurisdiction and no appeal shall lie from any such court
to His Majesty in Council.

This sub-clause should be read with clause 13 (i)
which gives power to the disestablished Church to make
a constitution or constitutions and regulations for its
future government. As part of the new scheme eccle-
siastical courts can be set up. They will have no juris-
diction but merely a consensual authority arising from
the agreement of all members of the Church to be bound
by their decisions. The disestablished Church is ex-
pressly empow^ered by this sub-clause, subject to the
consent of the Archbishop of Canterbury, to take appeals
to the Court of the Province of Canterbury, of which
province the Welsh dioceses have hitherto been part.
This court is the Court of Arches. It would seem that
the Judge jn deahng with such appeals will have to decide
them, -'not'" according to the ecclesiastical law binding on
the rest of the province, but according to whatever con-
stitutions and regulations may be adopted for the time
being by the disestabhshed Church. The appeal from
the Archeslo the Judicial Committee of the Priv}- Council
is aboUshed.

CI. 3 (4). (4) The power of making by such constitution and
regulations alterations and modifications in ecclesiastical
law shall include the power of altering and modifying
such law so far as is {sic) embodied in the Church Disciphne
Act, 1840, the Pubhc Worship Regulation Act, 1874, the
Clergy Disciphne Act, 1892, or the Ecclesiastical Dilapida-
tions Acts, 1871 and 1872, or any other Act of Parhament.

This sub-clause specifies certain of the more important
ecclesiastical statutes and expressly enacts that the new
constitution and regulations, pro\ided for in clause 13 (i),
may embody, with^ such alterations as may seem desir-
able, these Acts. The difficulty of applying statutory
machinery devised for an estabhshed Church to the
circumstances of a disestablished Church, in which agree-
ment of the members with each other is substituted for
law, has already been pointed out with reference to the
transition period after disestablishment and before the
scheme of government of the disestablished Church has
been framed and brought into operation. We are now
brought face to face with the same difficulty in relation
to this new scheme of government which it is assumed
will be adopted. It is to be noticed in passing that,
having regard to the present divergence of view between
different Church parties and to the great extent of ground
— nothing less than the whole area of Church law, discip-
line and administration — which must be covered by the
constitution and regulations of the disestablished Church,
it is probable that a considerable interval — perhaps some
years — will elapse before the new system is agreed upon
and in working order.

Further, it is difficult to see how the Acts mentioned
in this sub-clause and other Acts hke them can ever be
" modified " or " altered " to suit the case. They all
assume the service of official persons whose offices will
have been abolished or whose co-operation on the con-
tractual basis cannot be secured.

(5) As from the date of disestablishment the bishops
and clergy of the Church in Wales shall cease to be
members of or be represented in the Houses of Convoca-
tion of the Province of Canterbury, but nothing in this
Act shall affect the powers of those Houses so far as they
relate to matters outside Wales and Monmouthshire.

This sub-clause brings into clear prominence the ci. 3 (5),
effect of the Bill in violently interfering with the organisa- note,
tion of the Church of England. The Convocation of
Canterbury will lose certain of its members, and four
dioceses of the Province will cease to be represented in
either House, by the mere action of Parhament without
the consent and indeed in spite of the remonstrance of
Convocation itself. Nothing of the kind has ever happened
before.

Although nothing is said as to the future position of
the Welsh bishops, it seems to follow from this and other
provisions that they will cease, so far as Parhamentary
action is operative, to be subject to the primacy of the
Archbishop of Canterbury. It is apparently assumed
that they will cease to be Ecclesiastical Commissioners
and Governors of Queen Anne's Bounty.

Vesting of Property.

4. — (i) As from the date of disestabhshment there Vesting of
shall, save as by this section provided, vest in the Welsh ^"^
Commissioners hereinafter mentioned —

{a) all property vested in the Ecclesiastical Com-
missioners or Queen Anne's Bounty, which is
ascertained as hereinafter mentioned to be
Welsh ecclesiastical property ; and

(6) all property not so vested, and not consisting ol
charges on the common fund of the Ecclesiastical
Commissioners, which, at the passing of this
Act, belongs to or is appropriated to the use of
any ecclesiastical office or cathedral corporation
in the Church in Wales, or the holder of any
such office as such ;

subject, in the case of all such property, to all tenancies,
charges, and incumbrances, and to all rights and interests
saved by this Act, affecting the property.

This sub-clause corresponds to clause 3 (i) of the Bill
of 1909 and clause 3 of the Bill of 1895.

CI. 4 (1), The effect is to vest in the Welsh Commissioners (as

note. to whom see post) on the date of disestabhshment,

(«) The central funds (as it were) of the Church in
Wales, i.e. the property of the Ecclesiastical
Commission derived from Welsh Church sources
and any property, e.g. tenths, of Queen Anne's
Bounty similarly derived from Welsh Church
sources.
{h) Certain classes of separate properties held at the
date of the passing of the Act by or for the
benefit of ecclesiastical persons or corpora-
tions, e.g. the parsonage and ancient endow-
ments of every benefice, the houses and estates
of every dean and chapter, and the residence and
other property (if an}^) of each bishop. The
cathedrals and parish churches and burial-
grounds are also vested in the Welsh Com-
missioners under this sub-clause (see definition
of property, clause 35).
Income not arising from property real or personal
and not enjoyed as of right, that is to say income from
voluntary sources, is not dealt with in the Bill, nor is all
" property " applicable to Church purposes. For instance,
funds of diocesan and other societies in so far as they are
not held on behalf of or as appropriated to the use of
any ecclesiastical office, are not dealt with. Such funds
would, in fact, be wholly of modern origin and of small
amount, as the incomes of such societies are almost
wholly derived from voluntary contributions year by
year. Property (if any) held upon charitable trusts of an
ecclesiastical character appears not to come within the
scope of the disendowment clauses unless the trusts
should be such as to appropriate the property or the
income thereof to some particular ecclesiastical office or
cathedral corporation. As to both {a) and (&) the transfer
is to be subject to existing tenancies and | also incum-
brances (e.g. loans on the security of the endowment of
a benefice), and subject also to the existing or vested
interest of the holders at the date of the passing of the
Act of the various offices'affected. Thus an incumbent of
a parish on the day the Bill becomes (if it becomes) law
may -'continue incumbent, or he may before or after
disestabHshment 5 vacate his Benefice for the purpose
of taking another ecclesiastical office in Wales.

In the former case he will be entitled to retain possession CI. 4 (1),
of his glebe, parsonage, and other emoluments, except note,
tithe, transferred to the County Council under clause 8
(i) (c), and to receive, as explained later on (clause 15)
the equivalent for the net value of such tithe, so long as
he retains the incumbency. In the latter case he will
continue, so long as he remains in the service of the
Church in Wales, to be entitled to the same emoluments
(except the residence hcnise) but will have to paj' the
income over to the Representative Body. Legally
constituted pew rents where existing at the date of
disestablishment will continue so long as the existing
incumbent's vested interest lasts. On the determin-
ation of the vested interest presumabl}- pew rents will
cease to be payable on their present basis, and the
Welsh Commissioners will receive n(jthing from that
source.

The existing interests saved are the interests of
individuals holding ecclesiastical oifices by a freehold
tenure. In the case of property " ai)]-»ro]:)riated to the
use of any ecclesiastical oifice or cathedral corporation "
in which no officer has any personal interest the vesting
in the Welsh Commissioners would be subject to no such
saving. In the case of a cathedral the personal interest
of the dean and of each Canon in the income to which
he is entitled out of the capitular property would be saved,
but some portion of the capitular income goes to general
expenses for the upkeep of the fabric and maintenance
of the services, and in such portion no temporary interest
would be saved. If, however, the portion allotted to the
fabric amounted to a Fabric Fund, it would be transferred
to the Representative Body under clause 8 (i) {a) (iii),
but this would not apply to the portion usually devoted
to the maintenance of services.

A curacy is an " Ecclesiastical Office " as defined
by clause 35 (i). If in any case there are ancient endow-
ments belonging to a curacy, such endowments will be
secularised. Curacy endowments, however, are for the most
part private benefactions or derived from English Church
sources, and therefore will be or may be transferred to the
Representative Bod3^ Presumably the tenure of the
office of a curate would not be freehold nor deemed
equal to freehold so as to confer an existing interest.

The Irish Act (sees. 11, 12, 14) went upon rather

CI. 4 (1), different lines. The property vested in the Ecclesiastical
note. Commission for Ireland was transferred to the Com-

missioners appointed by the Act from the date of its
passing. All other Irish Church property (including
tithe) was transferred to the Commissioners on January i,
1871 (the date of disestablishment), and persons entitled
to vested interests instead of remaining in possession of the
actual endowments, received their equivalent in income
from the Commissioners.

(2) All plate, furniture, and other moveable chattels
belonging to any church affected by this Act, or used in
connexion with the celebration of Divine worship therein,
shall vest in the Representative Body hereinafter men-
tioned if and when incorporated :

Provided that if such a body is not incorporated at the
date of disestablishment all such moveable chattels as
aforesaid shall, until the incorporation of such a body,
remain vested in the same persons and be applicable to
the same purposes as before the date of disestablishment.

The Bills of 1909 (clauses (2) ) and 1895 (clause 8 (i) ),
and the Irish Act (sec. 30) contained similar provisions.

It should be noted that " church " includes a cathe-
dral (clause 35).

The property referred to in this sub-clause is the only-
property which under the Bill of 1909 would not have
passed through the hands of the Welsh Commissioners.
All other property would have been handed over in the
first instance to the Welsh Commissioners, and whatever
portion the disendowed Church would have been per-
mitted to enjoy would have been handed back to it and
vested in the Representative Bod}/.

Under the present Bill, however, there are other
classes of property which will not pass through the Welsh
Commissioners, viz. the property of ecclesiastical benefices
derived by them through the Ecclesiastical Commissioners
and Queen Anne's Bounty from English Church sources.

" Remain vested in the same persons," i.e. in the
case of a parish church the churchwardens, who are a
corporation for this purpose. But by clause 2 ( i ) all
ecclesiastical corporations are dissolved.

It would seem that organs and bells, which generally CI. 4 (2),
arc not moveable cliattels, will pass with the freehold note.
of the Church to which they are affixed.

5. — (i) The Ecclesiastical Commissioners shall, as Apportion-
soon as may be after the passing of this Act and before the ^^^^y ^.
date of disestablishment, ascertain and by order declare Ecclesiastical
what property vested in them at the -passiiw of this Act, sioners and

^ . , .... Queen Anne's

or under the provisions heremaftcr m this section con- Bounty,
tained, consists of property of either of the classes or
descriptions mentioned in Part I. of the First Schedule
to this Act, and property so ascertained and declared
shall, subject to the adjustments made in accordance with
Part II. of the same schedule, be Welsh ecclesiastical
property within the meaning of this Act.

The preceding clause provides for the vesting in the
Welsh Commissioners of inter alia what is described as
" Welsh Ecclesiastical property " : this clause defines the
property which comes under that description. It com-
prises property of two classes : (i) vested in the Ecclesias-
tical Commissioners ; (2) vested in Queen Anne's Bounty.
Sub-clause (i) is concerned with " Welsh ecclesiastical
property vested in the Ecclesiastical Commissioners,"
in which is to be included not only property so vested at
the passing of the Act, but also property which by sub-
chuise (3) of this clause is directed to be so vested, and,
by virtue of this sub-clause and the two parts of the
First Schedule, property of this class comprises —

(i) All the property in Wales now belonging to the
Ecclesiastical Commissioners which has been
derived by them from Welsh ecclesiastical cor-
porations, and all property in Wales and funds
representing the proceeds of sales or leases
of or other dealings with the Ecclesiastical
Commissioners' property wherever situate
formerly belonging to \\'elsh ecclesiastical
corporations (Schedule I. Part I. (i)). Property
of the Ecclesiastical Commissioners in Wales
but formerly belonging to English Church
Preferments is also included, but in exchange

B 2

CI. 5 (1), the Ecclesiastical Commissioners retain (i)

note. such property "as they have in England

formerly belonging to Welsh Preferments, and
(2) a capital sum out of the proceeds of sale
above mentioned of property derived from
Welsh Church preferments sufftcient to
equalise the exchange (Schedule I. Part II. (i) ).

(2) Property and funds held by the Ecclesiastical
Commissioners on behalf of Benefices, etc.,
and derived from other sources than grants of
the Ecclesiastical Commissioners. This will
include funds and property representing the
proceeds of sale, etc., of ancient glebe,
benefactions and also that portion of property
vested in the Ecclesiastical Commissioners by
clause 5 (3) being property " towards " the
purchase of which grants made by the
Ecclesiastical Commissioners have been
applied which did not come from such
grants.
Such " \Velsh ecclesiastic? 1 property " will go over to
the Welsh Commissioners " subject to all charges and
incumbrances."

There are two exceptional charges upon the Com-
mon Fund of the Ecclesiastical Commissioners
made in pursuance of statutory authority, expressly in
respect of their revenues from Welsh property, which
should, therefore, fall upon their Welsh property to be
transferred to the Welsh Commissioners. These are :
{a) a permanent annual charge of £1500 for the endow-
ment of Lampeter College (under 16 & 17 Vict. ch. 82, etc.)
and {b) a permanent annual charge of ^450 for providing
Welsh services in London (under 6 & 7 Vict. ch. 77).

The extent and particulars of the property of the classes
above mentioned are to be ascertained and declared by
order of the Ecclesiastical Commissioners to be made
before the date of disestablishment, with the concurrence
of the Welsh Commissioners or in default of such con-
currence with the approval of His Majesty in Council
given on the advice of the Judicial Committee (clause 5 (4) ) .
The Welsh ecclesiastical property vested in the Eccle-
siastical Commissioners and ascertained as above men-
tioned will from the date of its transfer to the Welsh

Commissioners bear, so far as it is sufficient, the charges CI. 5 (1),
for Welsh Church purposes now borne by the Common note.
Fund of the Ecclesiastical Commissioners in respect of
bishops, chapters, archdeacons, and other non-parochial
officers, and to that extent the Common Fund will be
released from these charges (Schedule I. Part 11.(2)).
These charges come to an end with the cessation of vested
interests. (Clause 6 and proviso [a)).

(2) Queen Anne's Bounty shall as soon as may be after
the passing of this Act, and before the date of disestablish-
ment, ascertain and by order declare what property
vested in them at the passing of this Act, or under the
provisions hereinafter in this section contained, is
property of the class or description mentioned in the
Second Schedule to tliis Act, and all property so ascer-
tained and declared shall be Welsh ecclesiastical property
within the meaning of tliis Act.

This makes parallel provisions for the ascertainment
of the " Welsh ecclesiastical property vested in Queen
Anne's Bounty " to those contained in clause 5 (i) in
relation to such property vested in the Ecclesiastical
Commissioners, but in the case of Queen Anne's Bounty
there is nothing corresponding to the corporate property
of the Ecclesiastical Commissioners. Queen Anne's
Bounty do not possess and never have possessed any
property in Wales in the ordinary sense of the word.
They have been instrumental in acquiring property for
Benefices, but the only " property " locally situate in
Wales which belongs to them for their corporate purposes
or is at this time vested in them as a corporation is the
right to receive the first fruits and tenths of Welsh
ecclesiastical offices. The revenue from first fruits
will be abolished as from the date of disestablishment :
the revenue from tenths will continue only as long as
holders of ecclesiastical benefices subject to the pa^niient
of tenths retain their existing interests, and from the date
of disestablishment the tenths so continuing to be payable
will be paid to the Welsh Commissioners or as they may
direct (clause 19).

This sub-clause and the Second Schedule consequently

CI. 5 (2), 3-'"e concerned only with property vested in the Governors
note ' ^^^ Queen' Anne's Bounty for the benefit of ecclesiastical
benefices and offices, including that which is so vested in
them by the operation of clause 5 (3) of the Bill, that is to
say property towards the purchase of which grants of
Queen Anne's Bounty have been applied. The property
so vested in the Governors of Queen Anne's Bounty
includes property and funds representing grants made to
benefices by the Bounty and property towards the pur-
chase of which grants from the Bounty have been apphed ;
private benefactions : proceeds of sales of land originally
acquired for benefices through the Bounty : proceeds of
the redemption of tithe rent charges and sales of parson-
age houses.

The grants of Queen Anne's Bounty have been made
from two sources : (i) the Royal Bounty Fund (being the
revenue from first fruits and tenths of Enghsh and Welsh
ecclesiastical offices) and (2) the Parhamentary Grants
Fund being eleven grants of £100,000 each made by
Parhament between the years 1809 and 1820 as an addition
to the resources of the Bounty for the augmentation of
the incomes of the poor clergy in England and Wales.
It appears from the evidence appended to the Report of
the Welsh Church Commission (1906-1908) (see vol. ii.
pp. 267-268) that £176,700 was allotted by the Bounty
out of the Parliamentary Grants Fund to Welsh benefices,
and that down to the year 1906 £487,350 had been
allotted to Welsh benefices out of the Royal Bounty Fund
while the first fruits and tenths received from Wales down
to the same date had amounted to £163,000 only, that is
to say that of the property derived from grants out of the
Royal Bounty Fund two thirds have come from English
sources.

For the purpose of determining what portion of the
property vested in Queen Anne's Bounty shall be trans-
ferred to the Welsh Commissioners, the Bill lays down
a principle of division of such property into (i) property
derived from Welsh sources and (2) property derived from
sources other than Welsh sources.

All property vested in the Governors of Queen Anne's
Bounty is to be regarded as Welsh ecclesiastical property
going over to the Welsh Commissioners except that
portion which has been derived from grants out of the
English portion of the Royal Bounty Fund, that is to say

except about two tliirds ol the property derived from CI. 5 (2),
grants out of the Royal J-Jounty Fund. In the case of note,
funds in the hands of the Bounty representing the proceeds
of sale of parsonage houses, the whole will be regarded
as Welsh ecclesiastical j^roperty although the parsrmage
house sold may have b(>en acquired wholly or partly by
grants out of the Royal Bounty Fund.

Included in the \Velsh ecclesiastical property vested
in Queen Anne's Bounty will therefore be property
derived from private benefactions ; about one third of
the property derived from grants out of the Royal Bcmnt}-
Fund : the whole of the property derived from grants out of
the Parliamentar}' Grants Fund : that portion of properties
towards th(^ purchase of which grants have been made by
the Bount}- which was not acquired out of such grants :
and proceeds of redemption of tithe rent charges.

(3) There shall as from the passing of this Act become
vested in the Ecclesiastical Commissioners and Queen
Anne's Bounty respectivel}- all property (other than
ecclesiastical residences) belonging to or appropriated
to the use of an}- ecclesiastical office or cathedral cor-
poration in the Church in Wales, or the holder of any
such office as such, towards the purchase of which grants
made by the Ecclesiastical Commissioners and Queen
Anne's Bounty respectively have been applied ; but
such vesting shall not affect an}' beneficial interest in
any such property.

This sub-clause is new. The object of it is to bring
into the same class with propert}^ already vested in the
Ecclesiastical Commissioners and Oueen Anne's B()unt\'
respectively all property (other than ecclesiastical re-
sidences) belonging to benefices or cathedral corpora-
tions towards the purchase of which grants of the Eccle-
siastical Commissioners and Queen Anne's Bount}- have
been applied, and this is done with a view^ to simplif\ing
the provisions as to the disposition of the Welsh Church
property.

Grants of capital made by the Ecclesiastical Com-
missioners or Queen Anne's Bount}' to benefices and

CI, 5 (3), retained by them on behalf of such benefices are already
note. vested in the Ecclesiastical Commissioners and Queen

Anne's Bount}^ to hold for the benefit of the benefices.
Where such grants of capital have been expended in the
purchase of real propert}^ such real property is vested in
the ecclesiastical corporation for whose benefit it was
purchased. This sub-clause will vest in the Ecclesiastical
Commissioners and Queen Anne's Bounty all propert}^
so purchased (other than ecclesiastical residences) so that
it will be placed upon the same footing as capital grants
which have never passed out of the hands of those bodies.
Ecclesiastical residences are excepted because in the
scheme of the Bill from whatever source the}^ niay have
been derived they are dealt with in one wa\^, viz., by
vesting in the Welsh Commissioners and transfer by them
to the Representative Body. There will thus be or
become vested in the Ecclesiastical Commissioners all
grants of capital made by the Ecclesiastical Com-
missioners and all property derived or partly derived
from such grants (residences excepted). Similarly there
will be or become vested in Queen Anne's Bounty all
grants of capital made by Queen Anne's Bounty and all
property derived or partly derived from such grants
(residences excepted).

(4) Orders of the Ecclesiastical Commissioners and
Queen Anne's Bounty under this section and the schedules
therein referred to shall be made with the concurrence of
the Welsh Commissioners, or, in default of such con-
currence, with the approval of His Majesty the King in
Council given on the advice of the Judicial Committee
of the Privy Council.

The effect of the whole clause (including the first and
second schedules) compared with the corresponding pro-
visions of the 1909 Bill which were the same in the 1895
Bill as re-drafted in Committee, may be stated as follows :

I. The former Bills disposed of all Church property
locally situate in Wales and Monmouthshire or the proceeds
of such property whether belonging or formerly belonging
to English or Welsh Ecclesiastical Corporations, and all
propert}' locall}' situate outside Wales (or the proceeds
of such propert}') belonging to Welsh Ecclesiastical
Corporations.

The Bill of 1912 disposes of property or the proceeds CI. 5 (4),
of property (wherever situate) belonging or f(jrmerly note.
belonging to Welsh Ecclesiastical Corp(jrations : and (jf
the Ecclesiastical Commissioners' property in Wales
derived from English Church Preferments, but while such
English Church property goes over to the Welsh Com-
missioners for secular purposes property of the Eccle-
siastical Commissioners in England but derived from
Welsh Church Preferments is retained by the Commis-
sioners, and the Ecclesiastical Commissioners are allowed
to deduct the amount of the difference in value between
these two classes of property from the proceeds of sales of
properties formerly belonging to Welsh Church Prefer-
ments before handmg such proceeds over to the Welsh
Commissioners.

2. The results of this change of principle are :

(i) That the property in Wales now belonging to
English benefices is not taken away. Under
the Bill of 1909 (clause 18) while this property
would have gone over to Welsh County Councils,
&c., the English benefices would have had to
be compensated out of the Common Fund of
the Ecclesiastical Commissioners.

It is not known what is the amount of this property,
but it is believed to be small. To the extent of the
value of such property the change operates as a remission
of a burden which by the Bill of 1909 would have been
thrown on the Common Fund of the Commissioners.

(2) That v/hile the property of the Ecclesiastical
Commissioners in Wales but formerly belonging
to English Church Preferments is secularised
the property of the Ecclesiastical Commissioners
in England formerly belonging to Welsh Prefer-
ments is not secularised, and as the English
Church projierty of the Ecclesiastical Commis-
sioners in Wales largely exceeds their Welsh
Church property in England, the Ecclesiastical
Conmiissioners are allowed to retain out of
capital moneys which would otherwise go over
to the Welsh Commissioners for secular purposes
a sum equal to the difference in value between
these two classes of pntperties.

CI. 5 (4), 3. By the Bill of igoy the Welsh property of the

note. Ecclesiastical Commissioners and Queen Anne's Bounty

and the properties of Welsh benefices consisting of or
derived from grants from the Ecclesiastical Commissioners
and Queen Anne's Bounty were treated as ancient endow-
ments of the Welsh Church.

All Queen Anne's Bounty grants or the proceeds
thereof, except such as were represented b}' residence
houses or parsonage house funds, were confiscated for
secular purposes.

As regards the Ecclesiastical Commissioners, grants
of capital and real property were distinguished from
grants of annuities charged on the Common Fund. The
capital and real property grants were to be secularised ;
the grants of annuities charged on the Common Fund
were to be resumed by the Ecclesiastical Commissioners,
subject to existing interests.

4. In the Bill of 191 2 a new principle has been adopted
as regards the properties and incomes of benefices derived
from the " Central " funds of the Ecclesiastical Commis-
sioners and Queen Anne's Bounty. This new principle
(which is rather to be inferred than anywhere actuall}^
laid down) is "to distinguish between :

{a) Grants or the proceeds of grants from Welsh
sources of the " Central " funds ; and

{b) Grants or the proceeds of grants from English
sources of the " Central " funds.

Grants from Welsh sources are treated as ancient
endowments of the Welsh Church and are to be secularised

Grants from English sources are retransferred to the
Ecclesiastical Commissioners or Queen Anne's Bount}^
as the case may be. and those bodies are respectively
given power, if they see fit, to hand these over en bloc to
the Representative Body (clause 6 (c) ).

5. Different modes are adopted for carrying out this
principle as regards Queen Anne's Bounty and the
Ecclesiastical Commissioners.

6. In the case of Queen Anne's Bounty the mode in
which the division betvveen grants from Enghsh Church
sources and grants from Welsh Church sources is to be
made is explained in the note to sub-clause (2) of clause 5.
Grants or the proceeds of grants of the Bounty from

English Church sources arc to be resumed by the Bounty CI. 5 (4j,
with liberty (clause 6(c) ) to transfer the same to the Repre- note,
sentative Body.

7. In the case of the Ecclesiastical Commissioners it
happens that the income of the Commissioners from Welsh
Church sources is exceeded by the aggregate of the charges
upon the Common Fund for Welsh Church purposes
other than parochial purposes, that is to say, for bishop-
rics, archdeaconries, and deans and chapters.

Inasmuch as the revenues of the Commissioners from
Welsh Church sources are thus more than exhausted in
defraying these non-parochial charges it follows that all
grants except grants of actual land or tithe rentcharge
in Wales made by the Ecclesiastical Commissioners for
parochial purposes (i.e. for benefices and curates) in Wales
have come out of property -of the Commissioners derived
from English sources.

A^l gr.mts of the Commissioners to Welsh benefices
(whether of capital sums or charges on the Common Fund)
or the property representing the same are therefore to be
resumed by them, with power (clause 6 (c) ) for the Com-
missioners^ to transfer such grants or property or the
value thereof en bloc to the representative body. The
charges upon the Common Fund of the Commissioners
for non-parochial purposes of the Church in Wales will
come to an end with the cesser of existing interests
therein (clause 6), and so long as they continue are to
be borne by the Welsh Church property of the Eccle-
siastical Commissioners which goes over to the Welsh
Commissioners (to the extent that that property is
able to bear these charges) (First Sched., Ft. II. (2) ).

8. This summary of the effects of the clause deals
with the ultimate distribution of the properties : the
ultimate effect will be delayed (as in the Bill of 1909)
by the saving of existing interests. Properties and funds
transferred to the W>lsh Commissioners or any secular
authority, to the Ecclesiastical Commissioners, to Queen
Anne's Bounty or to the Representative Body (in the last
case whether as a matter of obligation or by the exercise
of the liberty given to the Ecclesiastical Commissioners
and Queen Anne's Bounty) are charged, in whosesoever
hands they may for the time be. with the making of the
necessary payments to preserve existing interests.
(Clauses 4 (i) and 6 (c). )

Powers and 6. As from the date of disestablishment, any Habihty

liabilities of ^ j

Ecclesiastical OF power of the Ecclcsiastical Commissioners or Queen
sioneTs'and Anne's Bounty to make payments for any ecclesiastical
Queen Anne's purpose in or Connected with the Church in Wales shall

Bounty after ^ ^
disestablish- CeaSe '.
ment.

Provided that —

(rt) they shall continue to make such payments as are
required for tlie purpose of preserving any exist-
ing interests ; and

[b) nothing in this Act shall prevent them from carry-
ing into effect any contract made before the
passing of this Act for the sale or purchase
of any property affected by this Act or otherwise
in relation to any such property, or from making
any payments which under this Act they are
required or authorised to make ; and

(£•) it shall be lawful for the Ecclesiastical Com-
missioners and Queen Anne's Bounty, if they
think fit, within one year after the date of dis-
establishment, to transfer to the representative
body the whole or any part of the property
specified in Part I. and Part II. respectively of
the Third Schedule to this Act, and for the
Ecclesiastical Commissioners to charge their
Common Fund and Queen Anne's Bounty to
charge the Royal Bounty Fund with the
payment to the Representative Body of
perpetual annuities not exceeding, in the case
of the Ecclesiastical Commissioners, the annual
value of the property mentioned in Part III. of
the Third Schedule to this Act, and, in the case
of Queen Anne's Bounty, the annual value of
the property mentioned in Part IV. of that

schedule, subject to the payment thereout by CI.
the Representative Body of such sums as
may be required for preserving existing interests
in any such property.

Clause 6 {a and b) is the same as clause i8 (3) of the
1909 Bill, but proviso (c) is new.

The Ecclesiastical Commissioners may (nntmue to
make payments necessary to preserve " existing interests,"
but an incumbent retired before the passing of the Act
does not come within the description of persons having
existing interests (clause 4 (i), 14 and 35 (i) ) and con-
sequently the Commissioners would have no power after
the date of disestablishment to pay the grants made by
them nnd(T their Pension scheme to such retired incum-
bents.

Proviso (c) enables the Ecclesiastical Commissioners
and Queen Anne's Bounty (if they see fit to do so) first of
all to transfer to the Representative Body the funds and
property representing the grants of those Bodies to
benefices in Wales from English Church sources (see
notes to previous clause) whether those grants in the case
of the Ecclesiastical Commissioners have been made by
way of appropriation of capital sums or by charge upon
the Common Fund of the Commissioners.

In the case of the f Ecclesiastical Commissioners a
large number of curate grants have been made of a
temporary character by way of charge upon the Common
Fund so long as they are continued. The Proviso (c)
coupled with Part III. (i) of the Third Schedule to the
Bill, enables the Commissioners, if they see fit, to turn
these temporary charges into a permanent annual charge
in favour of the Representative Body.

This proviso further gives to the Ecclesiastical Com-
missioners and Queen Anne's Bounty the power, if they
see fit, to make an additional provision for the disestab-
lished Church by way of the grant of new perpetual
annuities not exceeding the maximum amounts there
expressed, that is to say, new perpetual annuities equal
to the average annual amounts wliich during the last
seven years have been granted for the augmentation of
Welsh benefices or the provision of curates in Welsh

CI. 6, parishes b}^ the Commissioners and the Bomity respec-

note. lively out of their annual appropriations of surplus income

derived from English Church sources.

Mr. McKenna in introducing the Bill explained that
the new perpetual annuity in the case of the Ecclesiastical
Commissioners would be of the maximum amount of about
£28,000 and in the case of Queen Anne's Bounty of the
maximum amount of about ;^3,ooo, and he added that
while he was assured that the Ecclesiastical Commis-
sioners and Queen Anne's Bounty would exercise in favour
of the disestablished Church the liberty to transfer to
the Representative Body the amount of existing grants
of which under the Bill they would resume possession,
he had no such assurance in regard to the new annuities.

The liberty to create these new annuities in favour
of the disestablished Church is presumably granted,
on the ground that the Church in Wales has at present
an " expectation " of receiving such further grants from
English Church sources.

It is, however, one thing for such Bodies as the
Ecclesiastical Commissioners and Queen Anne's Bounty
out of their annual surpluses as and when they arise to
make grants wliich on the average may have been of such
amounts as £28,000 and £3,000 year by year, and quite
another thing for them to charge their revenues in per-
petuity with annuities of such amounts. The effect
would be to give to the disestablished Church a preference
over the English Church in the distribution of English
Church revenues whicli appears to be singularly incon-
sistent with the objects of the Bill which are to deprive
the Welsh Church of its own resources. The object of the
provision would appear to be, to judge from Mr. McKenna's
speech on the introduction of the Bill, to show that it is
possible to take from the aggregate endowments of
£260,000 per annum now enjoyed by the Church, a sum
of £173,000 per annum for secular purposes and yet
leave to the Church a provision of £180,000 made up of
(i) the " minimum " income left to the Church of £87,000 ;
(2) the value of the life interests not destroyed £62,000
per annum ; (3) the new annuities which the Eccle-
siastical Commissioners and Queen Anne's Bounty are
to be at liberty to provide out of English Church sources
of £31,000 per annum.

Of these, needless to say, the only provision really left CI. 6,
to the Welsh Church is the minimum income of £87,000. note.
The value of the existing interests will be consumed by
the individuals who enjoy them and cannot in any way
be made available as a permanent provision for the dis-
established Church, while the " new " annuities amount-
ing to £31,000 per annum, if the Ecclesiastical Com-
missioners and Queen Anne's Bounty were able and could
in justice to the English Church grant them, could only
be granted as the fair equivalent of the expectation of
further assistance from those Bodies which the Church
in Wales now enjoys and of which but for this provision
that Church would be deprived by disestablishment, so
that they would only^be a provision against the further
loss over and above that of its existing endowments
which the Church in Wales would suffer upon disestab-
lishment.

7. — (i) Any propert}^ which consists of, or is the Private

J r • 1 1 1 • 1 r . • benefactions.

produce of, or is or has been derived from, property given
by any person out of his private resources since the year
sixteen hundred and sixty-two, or money raised by voluntary
subscriptions since that year, or voluntarily given since
that year out of funds not liable under any statutory
provision to be applied to ecclesiastical purposes, shall,
for the purposes of this Act, be deemed to be a private
benefaction.

There was a similar provision in the 1909 Bill (clause
5 (i) ). The date selected in the Bill of 1895 was 1703,
presumably because that was the date of the establish-
ment of Queen Anne's Bounty. This date was, however,
changed to 1662 while the Bill was under discussion.

It is believed that no reliable statistics exist as to the
amount of private benefactions between the years 1662
and 1703. But it appears from the return presented bv
Queen Anne's Bounty and the Ecclesiastical Commissioners
to the Welsh Church Commission (xAppendix A. Vol. I.,
JPart II. of the Report), that in 1906 the amount of the
income of benefices derived from private benefactions
since 1703 was as follows : Rents of land and house

CI. 7 (1), property, £3,*276 ; Tithe rentcharge, gross value, 1906,
note. £4,324. Income from other sources, £12,610.

The amount of private benefactions between 1662
and 1703 is probabl}'^ almost negligible, and in fact on
May II, 1909, the then Sohcitor-General (Sir S. Evans),
m reply to an enquiry addressed to him in the House of
Commons b}' Mr. Joynson-Hicks, quoted the figures above
given of private benefactions since 1703 as if they covered
the whole period from 1662.

The words " voluntarily given since that year out
of funds not hable under any statutory provision to be
appUed to ecclesiastical purposes " are new, and probably
meet the case of a gift to a benefice of funds or property
held by charitable trustees having a discretion to use their
funds for purposes other than ecclesiastical, or a similar
gift by such a body as a college in one of the univer-
sities.

(2) Where, in the case of any property given or money
raised since the 3'ear sixteen hundred and sixty-two, the
source from which such property or money was derived is
unknown, it shall be deemed to be a private benefaction
within the meaning of this Act.

Clause 5 (2) of the 1909 Bill was the same. The 1895
Bill contained no such provision.

(3) The Ecclesiastical Commissioners and Queen
Anne's Bounty as respects any property transferred from
them respectively, and the Welsh Commissioners as
respects any other property vested in them by this Act,
shall as soon as may be after the passing of this Act
ascertain and by order declare what part of the propert}^
constitutes private benefactions within the meaning of
this Act.

This sub-clause is the same as clause 5 (3) of the
1909 Bill.

(4) Orders of the Ecclesiastical Commissioners and CI. 7 (4).
Queen Anne's Bounty under this section shall be made
with the concurrence of the Welsh Commissioners, and
every such order of the Welsh Commissioners under this
section as relates to a benefice with respect to which the
Ecclesiastical Commissioners or Queen Anne's Bounty
have sent to the Welsh Commissioners full particulars of
any private benefaction made thereto through them,
shall be made with the concurrence of the Ecclesiastical
Commissioners or Queen Anne's Bounty as the case
requires, and if in any case the concurrence required by
this section is not given, the order shall be made with the
approval of His Majesty the King in Council, given on the
advice of the Judicial Committee of the Privy Council.

This sub-clause is the same as clause 5 (4) of the
1909 Bill.

8. — (i) Subject to the provisions of this Act, the Distribution
Welsh Commissioners shall by order transfer the property by Welsh ^
vested in them by this Act, as follows :— Commis-

•J ' sioners.

[a] they shall transfer to the representative body —

(i) all churches ;

(ii) all ecclesiastical residences, together with
any moveable chattels held and enjoyed with or as
incident to the occupation of any such residence, by
the incmubent for the time being of the ofKice to
which the residence is attached ;

(iii) all funds or endowTnents specially allocated
to the repair, restoration, or improvement of the
fabric of any such church or ecclesiastical residence ;

(iv) all glebes : subject to the payment by
the representative body to the Welsh Commissoners
of a sum equal to the value of such part of the
glebes so transferred to them as does not consist

CI. 8 (1). of private benefactions, such value to be deter-

mined by the Welsh Commissioners, regard being
had to the tenancies, charges, incumbrances,
interests, and rights subject to which the glebes
are transferred to the representative body ;
(v) all private benefactions ;
(\d) if so requested by the representative body,
any burial grounds which before the date of
disestabhshment have been closed under or in
pursuance of the provisions of any Act of Parlia-
ment or of any Order in Council made thereunder ;
[b) of the property not so transferred to the representa-
tive body they shall transfer the burial ground
of any ecclesiastical parish so as to vest the
same in the existing incumbent during his
incumbency and on the determination thereof —
(i) where the burial ground is situate in an area
in which the Burial Acts, 1852 to 1906, are in force
or in which a burial ground has been provided
under the Public Health (Interments) Act, 1879,
or a local Act, in the burial authority, or where the
burial authority is a joint committee, in such one
or more of the authorities represented on that
committee, or in trustees on their behalf, as the
Welsh Commissioners think fit ;

(ii) where the burial ground is situate in a
rural parish, or in a part of a rural parish in which
the Burial Acts, 1852 to 1906, are not in force, in
the council of that parish, or, if there is no council,
in the chairman of the parish meeting and overseers
of that parish ; and

(iii) in any other case, in'Tfhei' Council of the
borough or urban district in which the burial
ground is situate :

Tho property referred to in this clause will have been CI. 8 (1),
transferred under clause 4 (t) to the Welsh Commissioners note,
(subject to vested interests). But part of it, viz. churches,
ecclesiastical residences, repair funds, glebes, certain
burial grounds which have been closed, and " private
benefactions " (defined in clause 7) will under this clause
be re-transferred, so as to vest in the Representative
Body of the disestablished Church to be formed under
clause 13.

'V\\r expression " Churcli " includes cathedrals, chapels
of ease, and other public chapels of the Church in Wales
and in the case of a cathedral church the chapter house
and cloisters and other " precincts " of the cathedral
church ; and the expression " ecclesiastical residence "
means any parsonage house, and any house of residence
of any bishop or member or officer of a cathedral corjxjra-
tion, and any curtilage or garden held therewith (see
clause 35 (i) post). The latter expression includes, so
far as the four Welsh dioceses are concerned, four bishops'
palaces, lour deaneries, four canons' residences, one
minor canon's residence, one archdeacon's residence, and
about eight hundred and fifty parsonages.

The lite interests (as explained in clause 4 (i) ) of in-
cumbents at the passing of the Act, who continue to be
incumbents on the date of disestablishment, are saved,
and the property will vest in the Representative Bod\-
subject to such life interests and to all tenancies and in-
cumbrances (such as drainage rentcharges) affecting the
property, and subject also to " charges."

The cathedrals, parish churches, ecclesiastical resi-
dences, rei^air funds, glebes, and " private benefactions "
are thus left to the disestablished C~hurch, subject in the
case of glebe to the payment by the Representative Bodv
to the W^elsh Commissioners of a sum equal to the value of
such part as does not consist of private benefactions
(clause 8 (i) (a) (iv.) ). Provision is made by clause 12
for appeal to the Privy Council against any decision of the
Welsh Commissioners as to what constitutes a private
benefaction or as to what sum should be paid as com-
pensation. The " glebe " dealt with in this clause
does not include those portions of glebe lands acquired
for benefices from grants of the Ecclesiastical Com-
missioners or from that portion (about two-thirds) of
grants of Queen Anne's Bounty whii-h have been made

c 2

CI. 8 (1), from English Church sources. The property so left to
note. the disestablished Church is the only property which

that Church will be able to claim as of right out of its
present endowments. As has been seen in clause 6 the
Ecclesiastical Commissioners and Queen Anne's Bounty
are enabled, if they see fit, to supplement this provision
to the extent therein mentioned.

The Bill of 1909 contained similar provisions (clause 6),
with the following exception : Glebe lands wholly
ancient were secularised, wholly private benefactions were
to be transferred to the Representative Body, and where
part only was a private benefaction, it was at the option
of that body to be divided, or to be treated as wholly
ancient or wholly a private benefaction, subject to com-
pensating payments to or by the Representative Body.

The Bill of 1895 as introduced, transferred the parish
churches and parsonages to the Representative Body,
but did not deal specifically with repair funds and closed
burial grounds, and left the cathedrals in the hands of the
Welsh Commissioners, and provided that they should be
repaired and maintained out of the funds (other than
parochial) vested in the Welsh Commissioners, and that
they might be used (though not exclusively) for the same
purposes as theretofore, i.e. for the services of the Church.
While the Bill was in Committee, however, Mr. Asquith
expressed the willingness of the Government to allow the
Church to have the cathedrals as well as the churches, but
he said that in that case the Church would also have to
undertake their upkeep and repair. Very large sums
of money have been expended on the Welsh cathedrals
during the last century for purposes other than mere
repair and maintenance, e.g. restoration, enlargement,
and, in the case of Llandaff, virtual rebuilding, and no
provision was made in the 1895 Bill for ascertaining these
sums, or for their being treated as " private benefactions "
which ought to be repaid to the Representative Body.

The Irish Act left the cathedrals to the Church (sec. 25,
and definition of Church, sec. 72).

The Bill of 1895, as introduced, also left the bishops'
^palaces, deaneries, canons' houses, &c., in the hands of the
Welsh Commissioners, but allowed them to be used, on
the request of the Representative Body, for ecclesiastical
residences, subject to the Representative Body becoming
responsible for the expenses of maintenance and repair.

Under the Irish Act (sec. 12 (2) and sees. 27, 28) the CI. 8 (1),
parsonages were transferred to the Commissioners subject note.
to the Hfe interests of the existing incumbents therein.
But the Act provided for the Representative Body liaving
a right to purchase these parsonages on advantageous
terms, i.e. ten times the annual vahic of the site of the
residence estimated as land ; and facihties were given for
the purchase of hmd (not exceeding ten acres), to be held
with the parsonage ; or in tlie case of a bishoj)'s see-
house the acreage of the land might be thirty acres. The
Act also provided (sees. 27, 28) for the purchase of see-
houses, deaneries, &c.

The funds or endowments referred to in sub-clause (i)
{a) (iii) would include any repair funds held by trustees or
societies like the Incorporated Church Building Society
(independently of funds provided out of private resources
since 1662, which would pass to the Representative Body
as " })rivate benefactions "), and they might be held to
include portions of certain estates which are vested in the
Chapters of Bangor and St. Asaph, and are applicable
partly for the maintenance of the cathedral fabrics.
Otherwise no portion of these estates would be transferred
to the Representative Body.

The transfer to the Representative Body of burial
grounds closed under an Act of Parliament or any Order
in Council would ensure the reverent care of such grounds,
but would throw the expense of their maintenance on
that Body except where, under the Local Government
Act, 1894 (sec. 6 (i) (6) ), the obligations of churchwardens
with respect to maintaining and repairing closed church-
yards have been transferred to the parish councils and
the expenses of such maintenance and repair are repay-
able out of the poor rate under the Burial Act. 1855.

As to other burial grounds (except they should be
" private benefactions "), the effect of sub-clause (i) (6)
is to transfer them on the determination of the existing
incumbent's incumbency to the burial board, council,
chairman of a parish meeting and overseers, or trustees.
Under clause 23 (2) the transfer is to be " without pre-
judice to any existing public and private rights of burial
therein." Provision is made by the same clause for the
management and regulation of the churchyards and
burial grounds so transferred.

The great difference between this clause and the
corresponding clause of the Bill of 1909 is that the Repre-

438316

CI. 8 (1), sentative Body are by this clause called upon to take all
note. glebes and to pay for that portion thereof which ma}^ be

described briefly as being ancient or treated as ancient, i.e.
derived from ancient endowments of benefices, from the
Parliamentary Grants Fund, or from Welsh sources of the
Royal Bounty Fund or annexed by the Ecclesiastical Com-
missioners. From the return of endowments of benefices in
1906 the revenues from glebes so acquired appear to
amount to about £28,000 per annum. The Representative
Body will have to find a capital sum sufficient to purchase
the fee simple reversionary interest in this property expect-
ant upon the determination of the life interests. This is
obviously a very large figure, and inasmuch as the property
so purchased being reversionary will not provide any
immediate income while the only capital funds transferred
to the Representative Body will be those of which the
income will be payable to persons having existing interests
therein it is difficult .to see how the Representative Body
is to complete the transaction.

But even if the Representative Body are able to
complete this purchase the position will be extremely
difficult. The\' will be the owners of a very large number
of small plots of land scattered throughout Wales which
will necessitate a large and extensive staff for manage-
ment, collection of rents, etc. It seems almost cynical
that those who are depriving the Church of a large part
of her revenues should compel her to keep and to redeem
that part of her property which is most burdensome at the
very time when many who are nowsuppcnting Disestablish-
ment are hoping at no very distant date to see land
nationalisation become a reality.

The Irish Act (sec. 26) left to the Church all burial
grounds annexed or adjacent to churches, and where this
was not the case transferred them to the guardians, with
carefully-worded restrictions so as to preserve to Church-
people as full a right to use them, and for the same pur-
poses, as they possessed before, and also so as to provide
for their decent maintenance and proper management.

(c) of the property not so transferred to the repre-
sentative body they shall transfer any tithe
rentcharge which was formerly appropriated
to the use of any parochial benefice to the
council of the county in which the land out of
which the tithe rentcharge issues is situate :

Subject to provision for vested interests the county ci. 8 (1),
councils will make schemes for the application of tithe note,
rcntcharge under clause i8.

Provided that where such land is not situate in Wales
or Monmouthshire they shall transfer the tithe rentcharge
to the council of such county in Wales and Monmouth-
shire as the Welsh Commissioners think fit.

It will be observed that tithe rentcharge arising out
of English land, which tithe rentcharge happens to
belong to a Welsh benefice will, if the Bill passes, become
applicable to secular purposes connected with Wales.
See further provisions as to tithe rentcharge, clause 15

{d) of the property not so transferred to the Repre-
sentative Body they shall transfer any other
property which was formerly appropriated to
the use of any parochial benefice (including the
money paid under this section by the Repre-
sentative Body in respect of glebes) to the
council of the county in which the ecclesiastical
parish to the use of which the property was so
appropriated is situate : Provided that if such
ecclesiastical parish is situate in more than one
county the property shall be transferred to such
one or more of those councils or be di\aded
between them as the Welsh Commissioners
may think fit ;

The property transferred under {d) to the County
Councils is, under clause 18 (i) {a) to be applied to " any
charitable eleemosynary or public purpose of local or
general utility."

Parochial tithe rentcharge, it will be observed, goes
to the County Council of the county in which the tithe
rentcharge arises : other parochial ]iroperty goes to the
County Council of the County in which the benefice is
situate to which it formerly belonged without regard
to the local situation of the property.

CI. 8 (1), (c) they shall transfer all other property vested in

^°^®- them to the University of Wales.

The property which will ultimatcl}- pass to the Uni-
versity of Wales will consist mainly of the Welsh property
of the Ecclesiastical Commissioners. As to the mode in
which such property is to be applied, see clause i8 (i) (6).

Under the Bill of 1909 the property referred to in
(d) and (e) was to be transferred ultimately to the " Council
of Wales " — a body set up by clause 11 of that Bill to take
over the functions of and the property vested in the
Welsh Commissioners on the dissolution of that body.

There is no proposal for the creation of any such body
in the present Bill, nor was there in the Bill of 1895.
The latter Bill contemplated apparently the permanent
existence of the Welsh Commissioners, but now it is
proposed that they shall continue for a possible period of
six years only (see clause 10 (7) ).

The Council of Wales disappears because the Bill
makes provision for the immediate appropriation to
specific purposes of the property secularised other than
that which goes to County Councils.

(2) Save as otherwise provided by this Act, all
property transferred under this section shall be held
subject to all existing public and private rights with
respect thereto, and all tenancies, charges, and incum-
brances which may at the date of transfer be subsisting
therein, and in the case of all such propert}^, except tithe
rentcharge transferred to a County Council, to the exist-
ing interests of all persons who at the passing of this Act
hold ecclesiastical offices in the Church in Wales, and in
the case of such tithe rentcharge to the obligation to make
such provision as is hereinafter mentioned in lieu of such
existing interests.

This sub-clause corresponds to clause 6 (2) in the
1909 Bill. As to public and private rights of burial,
see clause 23, as to the liability of lay impropriators for
the repair of chancels see clause 27, as to rights of marriage
see clause 22, and as to tithe rentcharge see clause 14.

It is difficult to perceive the precise limits of this clause. CI. 8 (2),
For instance, as to the parish church. Are the rights of note,
the parishioners to attend service, to be seated, to have
service read on Sunday, to attend Communion, to have
their children baptized, etc. preserved ?

(3) Where property of any such class as aforesaid
has before the date of disestablishment been sold, re-
deemed, or otherwise converted, or where any moneys
are at that date held upon trust to be applied in the
building, purchase or repair of, or to make good dilapida-
tions in, property of any such class as aforesaid, the
proceeds of sale, redemption, or other conversion, and
such moneys as aforesaid, or the securities in which such
proceeds or moneys are for the time being invested, shall
be dealt with in like manner as if they were property
of that class.

Provided that this sub-section shall not apply to
money (not being a private benefaction) which is the
proceeds of sale or is held on trust to be applied in the
purchase of glebe or to the securities in which any such
money is for the time being invested.

There was a similar sub-clause in the Bill of 1909, but
not in the Bill of 1895. Its effect would seem to be
that where, for example, a parsonage has been sold and
no new house provided or dilapidation moneys in respect
of a parsonage have been duly paid (in each of which
cases the proceeds would be in the hands of Queen Anne's
Bounty, and would have become vested in the Welsh
Commissioners under clause 4 (i) and clause 5 (2) ), the
mone^-s are to be dealt with in the same manner as the
property they represent would be dealt with, i.e., the
proceeds of the sale of a parsonage would be transferred
to the Representative Body, and the dilapidation mone3'S
would also go to that Body as if property of the same
class as parsonage houses.

Dilapidation moneys in respect of glebe buildings
(other than parsonages) would go to the Representative

CI. 8 (3), Body, but if the buildings were on ancient glebe, that
note. Body would have to pay such money's back to the Welsh

Commissioners under clause 8 (i) {a) (iv.).

Similarly as to the proceeds of glebe lands in the
hands of the Ecclesiastical Commissioners (whether
proceeds of sale or accumulated royalties received under
mineral leases), if the glebe lands were " private bene-
factions " such proceeds would go to the Representative
Body without any liability for repa^Tuent to the Welsh
Commissioners.

The proviso at the end of clause 8 appears to be in-
tended to avoid the necessity of a double transfer of Stock
representing the proceeds of sale of ancient glebe. In the
absence of such pro\dso this stock would, under clause 4 (i)
pass to the Welsh Commissioners as from the date of
disestabhshment, and would then, under clause 8
(i) (a) (iv) be transferred as glebe to the Representative
Body, subject to the repayment of its value to the Welsh
Commissioners.

Border Parishes.
Provisions 9. — (i) The Welsh Commissioners shall, as soon as

parishe^ ^"^ "^^y be after the passing of this Act, with respect to any
ecclesiastical parish part only whereof is situate in Wales
or Monmouthshire, by order determine with reference
to the general wishes of the parishioners whether the parish
is to be treated as being wholly within or wholly without
Wales or Monmouthshire, and the parish shall for the
purposes of this Act be treated accordingly, but any
parishioner of the parish may appeal against any such
order to His Majesty the King in Council, and any such
appeal shall be referred to the Judicial Committee of the
Privy Council.

(2) The Ecclesiastical Commissioners shall by order
attach to an English diocese any ecclesiastical parish
which at the passing of this Act is situate in a Welsh
diocese, but not in Wales or Monmouthshire, and any
such ecclesiastical parish which under this section is to be
treated as being wholly without Wales or Monmouth-

shire, and m.iy make an\- provisions which appear to them CI. 9.
necessary or incidental to such attachment, inckiding the
transfer to the bishop of the diocese to which the parish
is attached of the right of patronage in any case where
such right was immediately before the passing of this Act
vested in any cathedral or ecclesiastical corporation dis-
solved by this Act, but no su<'h order shall come into
effect until the date of disestablibliment.

(3) Any ecclesiastical parish which is at the passing of
this Act situate wholly in Wales or Monmouthshire, or is
for the purposes of this Act to be treated as so situate,
and forms part of an English diocese shall, as from the
date of disestabhshment cease to form part of that
diocese, and shall be attached to such Welsh diocese
as the Representative Body may determine.

(4) Save as by this section provided, nothing in this
Act shall affect any English diocese.

This corresponds to clause 26 of the Bill of iqog and
31 of the Bill of 1895. The necessity for making these
provisions affords a further illustration of the unity of the
Church in England and Wales.

There were in 1906 eighteen parishes as to which the
Welsh Commissioners will have to decide, under sub-
clause I, whether they are to be regarded as English or
Welsh parishes. Of these thirteen are now in Enghsh
dioceses and five in Welsh.

Of the thirteen those that the Commissioners decide
are to be regarded as in Enghsh dioceses will of course
remain as at present ; but should the Commissioners
decide to regard anv of the five as English parishes, it will
be necessary for "the Ecclesiastical Commissioners to
attach them to English dioceses under sub-clause 2.

There are fourteen parishes of Welsh dioceses geo-
graphically outside Wales and Monmouthshire and
therefore outside the area of disestablishment, and these
will also under sub-clause 2 have to be attached by the
Ecclesiastical Commissioners to English dioceses. The
patronage of five of these benefices is at present vested

( CI. 9,
1 note.

in corporations dissolved by the Bill, and will under
sub-clause 2 be transferred to the bishops of the dioceses
to which they may be attached.

On the other hand there arc twelve parishes now in
English dioceses which, being within the area of dis-
establishment, will, together with so many of the thirteen
English border parishes as the Commissioners decide are to
be regarded as Welsh, be taken from their dioceses and
come within the scope of the disestablishment and dis-
endowment scheme.

In both the former Bills the destination of the border
parishes was to be decided by the commissioners with
reference to the population, the situation of the Church
and the other circumstances of the case. Now by a sort of
local option it is to be decided with reference to the general
wishes of the parishioners, though no direction is contained
as to how these wishes are to be ascertained.

Appointment
cf

Commis-
sioners.

Part II.

Welsh Commissioners and Representative Body.
Welsh Commissioners.
10. — (i) The following persons (that is to say) —

shall be Commissioners under this Act. If any vacancy
among them occurs by death, resignation, incapacity,
or otherwise, His Majesty may, by warrant under His
sign manual, appoint some fit person to fill the vacancy.
(2) The said Commissioners (in this Act referred to as
the Welsh Commissioners) shall be a body corporate, styled
"The Commissioners of Church Temporalities in Wales,"
with a common seal, and power to hold land for the pur-
poses of this Act without licence in mortmain.

(3) The Welsh Commissioners may act by any one ot CI. 10.
their body and notwithstanding any vacancy in their
number, but if any person aggrieved by an order of one
Commissioner so requires, the order shall be reconsidered

on rehearing by the three Commissioners.

(4) There shall be paid to one of the Welsh Com-
missioners such salary, not exceeding fijteoi hundred
pounds a year, and to one other of the Commissioners
such salary, not exceeding one thousand pounds a year,
as the Treasury may direct.

(5) The Welsh Commissioners may, with the consent
of a Secretary of State, and the consent of the Treasury as
to number and remuneration, appoint or employ and
remove a secretary, and such other officers and persons,
and with such remuneration, as appears necessary for
enabling the Commissioners to carry this Act into effect.

(6) The said salaries and remuneration and all in-
cidental expenses sanctioned by the Treasury of carrying
this Act into effect shall be paid by the Commissioners out
of moneys in their hands in pursuance of this Act, but not
so as in any way to diminish the property to be transferred
to the representative body or County Councils under
this Act.

(7) The powers of the Commissioners shall continue
until the end of the year in which this Act is passed and
for three years thereafter, and no longer, and the Com-
missioners shall then be dissolved ; but it shall be lawful
for His ^Majesty from time to time with the advice of His
Privy Council, on the application of the Commissioners,
to suspend the dissolution of the Commissioners and,
subject to revision by the Treasury of the salaries of the
Commissioners and tlie remuneration and number of
their officers, to continue their powers for such time, not

CI. 10 (7). exceeding in the aggregate two years, as His Majesty
thinks fit.

(8) A paid Commissioner and an oificer or other
person employed by the Commissioners shall not during
his continuance in office be capable of being elected to or
sitting as a member of the House of Commons.

With the exception of sub-clauses 6 & 7 this clause
reproduces clause 8 of the Bill of 1909 and clause 10 of the
Bill of 1895. To sub-clause (6) has been added a proviso
that the property to be transferred to the representative
body or county councils is not to be diminished by the
payment of any portion of the expenses of the Welsh
Commissioners in carrying out the provisions of the Bill.
Such expenses will be borne therefore by the property
which will ultimately pass to the University of Wales.
While provision is made for the expenses of the W^elsh
Commissioners there is none for the expenses which will
necessarily be incurred by the Ecclesiastical Commissioners
and Queen Anne's Bounty in carrying out the very
troublesome investigations and arduous duties which
will be thrown upon them if the Bill becomes law. They
are apparently to have the privilege of themselves
de fraying the expenses to which they will be put in making
the compulsory surrender of their property and funds.

The sub-clause in the Bill of 1909 corresponding to
sub-clause (7) in this Bill provided for the indefinite
existence of the Welsh Commissioners, but the present
Bill gives that body a possible maximum life of six
years only.

During the discussions on the Bill of 1895 the names
of the three Welsh Commissioners were announced.
They were the Right Hon. Sir Algernon W^est,|late
Chairman of the Board of Inland Revenue (unpaid), the
Hon. William Napier Bruce, an assistant Charity Com-
missioner, and Col. Hugh Robert Hughes, of Ystrad,
Denbighshire. It is to be observed that neither the
Commissioners appointed by the present Bill nor their
successors need be Churchmen. The latter must be
" fit persons." The Chairman is to receive a maximum
salary of £1,500 per annum, and one of the Commissioners
is to receive a maximum salary of £1,000 per annum.

The third Commissioner will be honoran-. Paid Com- CI. 10,
missioners are not to be members of the House of Commons, note.

The three gentlemen appointed Commissioners by
the Irish Act (sees. 3, 4, 5, 6, 9) were all Churchmen.
Their successors were required to be members of the
Church of England or of Ireland or of the United Church.
Each Commissioner was to receive :(^2,ooo per annum for
a maximum period of ten years. He was disqualified from
sitting in the House ■ of Commons.

The duties of the Commissioners under the Bill are
of the most responsible and important kind, and very
much must depend upon the selection to be made by the
Government.

11. — (i) Subject to such appeal as is hereinafter Powers and
mentioned, the Welsh Commissioners shall have full commi's^-^ "
power to decide all questions, whether of law or of fact, sioners.
which it may be necessary to decide for the purposes of
this Act, and shall not be subject to be restrained in the
due execution of their powers under this Act by the order
of any court, nor shall any proceedings before them be
removed by certiorari into any court.

(2) The Welsh Commissioners with respect to —

(a) enforcing the attendance of witnesses, after
a tender of their expenses, the examination
of witnesses, and the production of deeds,
books, papers, and documents ;
{b) issuing any commission for the examination
of witnesses ;

or to produce documents, or guilty of con-
tempt in the presence of the Commissioners
or any of them sitting in open court ; and

(d) making or enforcing any order made by them

for carrying into effect this Act ;
shall have all such powers, rights, and privileges as are
vested in the High Court for such or the like purposes,

CI. 11 (2). and all proceedings before the Commissioners shall
in law be judicial proceedings before a court of record.

(3) The Welsh Commissioners may review and rescind
or vary any order or decision previously made by them
or any of them ; but save as aforesaid, and as by this
Act provided, every order or decision of the Welsh
Commissioners shall be final.

(4) They shall make general rules for regulating their
procedure under this Act, and generally for securing the
due execution of their powers, and giving effect to this
Act. All such general rules shall be submitted to His
Majesty the King in Council for confirmation, and when
so confirmed, with or without modifications, shall be laid
before both Houses of ParUament, and shall have effect
as if enacted by this Act.

(5) They shall in each year make a report to the
Secretary of State of their proceedings under this Act,
and this report shall be laid before ParUament.

This clause re_produces clause 9 of the Bill of 1909 and
clause II of the 1895 Bill.

The Irish Act (sees. 7 and 8) is in similar terms,
except that sub-clause (5) above does not seem to have
had any counterpart in the Irish Act.

Appeal to 12.— (i) An appeal shall He to His Majesty the King

Cmmcii^ '" ^^ Couucil agaiust any decision of the Welsh Commissioners
with respect to any question as to what constitutes a
private benefaction, or as to what sum should be paid
under this Act as compensation, by way of annuity or
otherwise, to any person, or as to what sum should be
paid to any person in substitution for and in satisfaction
of his interest in any tithe rent-charge, or as to the value
of any glebe, or any interest therein, and any such appeal
shall be referred to the Judicial Committee of the Pi;ivy
Council.

(2) Any appeal referred to the Judicial Committee CI. 12.
under this Act shall be heard and dealt with in like manner
as if it were an appeal from a Court from which an appeal
lies to His Majesty in Council, and the Judicial Com-
mittee shall have the same power with respect to the
costs of the parties and otherwise as they have with
respect to any such appeal.

Sub-clause (i) reproduces in effect clause lo of the
Bill of 1909 and 12 of the Bill of 1895, except that it is
expressed in more particular terms.

The Irish Act (sec. 42) allowed a person aggrieved
at the amount of compensation allowed to refer the
question to arbitration. Under the Irish Act no question
could arise as to what constituted a private benefaction,
because a lump sum (£500,000) was given in full discharge
of all private benefactions.

Constitution of Representative Body.
13. — (i) Nothing in any Act, law, or custom shall Po^^er to hold

.,,,., , T , . r ^ ^, synods and

prevent the bishops, clergy, and laity of the Church m constitute
Wales from holding synods or electing representatives 3^''"''^^"^
thereto, or from framing, either by themselves or by their
representatives elected in such manner as they think fit,
constitutions and regulations for the general management
and good government of the Church in Wales and the
property and affairs thereof, whether as a whole or
according to dioceses, and the future representation of
members thereof in a general synod or in diocesan synods,
or otherwise.

See clause (3) and notes.

The object of this sub-clause is to repeal the pro-
hibition contained in 25 Henry VIII. c. 19 against holding
synods.

It is to be observed that nothing is laid dnwn as to

CI. 13 (1), ho^v the bishops, clergy and laity are to initiate action
note. under this clause. May the bishops summon J whom

they please to their synods ? Are unbeneficed as well
as beneficed clergy to have votes ? What constitutes
a la}Tnan of the Church in Wales, and what share is he
to have in framing the new constitution and regulations ?
May each diocese have a different constitution and if not,
how is agreement to be secured ? These represent the
kind of (juestions which are likely to arise after dis-
establishment, and it would seem that no provision is
made for answering them.

The Home Secretary in the House of Commons on
May 9 {Debates, vol. 38, No. 58, 563) in, answer to a
question bv Mr. Ormsby-Gore seemed to suggest that
every " layman " in Wales will be entitled to take part
in the first election of representatives. He referred to
the Irish Act as a parallel, but it is to be noted that
sec. 22 of that Act, which corresponds to sub-clause (2)
of this clause, provides for the election of representatives
bv the " bishops, clergy and laity of the Church in Ireland
or the persons who for the time bemg may succeed to the
exercise and discharge of the episcopal functions of such
bishops and the clergy and laity in communion with
such persons."

On a later day however Mr. McKenna offered if it was
desired to insert in the Bill provisions defining the con-
stitution of the first Synod.

The Bill of 1909 (clause 13 (i) ) and the Bill of 1895
(clause 15 (i) ) and also the Irish Act (sec. 19) contain
similar provisions.

In clause 3 the expression " constitution and regu-
lations " is used. Probably the use of the plural — " con-
stitutions " — in this clause is an oversight.

(2) If at any time it is shown to the satisfaction of His
Majesty the King that the said bishops, clergy, and laity
have appointed any persons so to represent them, and
hold property for any of their uses and purposes, His
Majesty in Council may by charter incorporate such
persons (in this Act referred to as the Representative
Body), with power to hold land without licence in mort-
main.

This sub-clause enables the King to create the " Repre- CI. 13 (2),
sentative Body " of the disestablished Church, and to note.
incorporate it.

It may be created before or after the date of dis-
establishment.

The Bill of 1909 (clause 13 (2) ) and the Bill of|i895
(clause 15 (2) ) and also the Irish Act (sec. 22) contain
similar provisions.

Part TIT.

Existing Interests : Compensation : Application

OF Residue.
Provisions as to existing Interests, and Compensation

therefor.

14. —(i) Any person who at the date of the passing Provisions as
0/ this Act h(;lds an ecclesiastical office affected bv this \^^S^^
Act by freehold tenure or by any tenure which, in the
opinion of the Welsh Commissioners, is equal to freehold
tenure shall retain his existing interest in the emoluments
of that office so long as he holds that office or an}' other
ecclesiastical office in the Church in Wales to which he
may be nominated or appointed after the passing of this
Act, whether before or after the date of disestablishment :

Provided that where any such person is nominated or
appointed to any ecclesiastical office in the Church in
Wales, oth(M- than that which he held at the passing ol
this Act—

(a) he shall (save as otherwise expressly provided

by this Act) pay over the net income of the
ecclesiastical office held by him at the passing
of this Act to the Representative Bod\- ;

(b) he shall cease to have an}' existing interest in an}'

burial ground or any ecclesiastical residence
attached to the office he held at the passing of
the Act.

CI. 14 (1), Ecclesiastical Office is defined by clause 35 (i) as any

note. " bishopric, ecclesiastical dignity, or preferment within

the meaning of the Church Discipline Act, 1840, and
includes any lay office in connection therewith, or in
connection with an}^ cathedral corporation."
Clause 14 (i) as drafted would include lay officers, but
holders of lay offices in the Church in Wales who may be
deprived of any emoluments by the operation of the Bill
are pro\4ded for by clause 17. Clause 14 therefore
is probably intended to apply only to " ecclesiastical
persons " as defined in clause 35 (i) as bishops or the
holders of any ecclesiastical offices who are in holy orders.
.The qualification of holding an Ecclesiastical Office
" by freehold tenure or by any tenure which in the
opinion of the Welsh Commissioners is equal to freehold
tenure " would probably exclude the holders of assistant
Curacies from these provisions as to existing interests
and compensation.

The effect of this clause is that an incumbent, holding
a benefice in Wales at the date of the passing of the Act
will retain his interest in the emoluments of the office
which he so holds (but not in the residence house or
burial ground) so long as he remains in the service of the
Church in Wales even though he be moved to another
office, but after such removal (or any number of re-
movals) while he will retain his existing interest in the
benefice which he held at the date of the passing of the
Act, he will retain that interest for the benefit of the
Representative Bod}/ to whom he will have to pay over
the net income from whatever source he has received it.
If he leaves the ser\dce of the Church in Wales and takes
an Ecclesiastical Office in England his existing interest
will cqme to an end whether for his own benefit or for the
benefit of the Representative Body. As glebe during the
continuance of a vested interest remains vested in the
incumbent having that interest, the curious result follows
that a clcrg^-Tnan who at the date of the passing of the
Act held benefice A to which glebe was attached will,
after moving it may be from North to South Wales into
Parish B continue to be the legal owner of the glebe of
benefice A, and have all the rights and duties attaching
to such ownership including the right with the consent
of the Representative Body (see clause 25) to sell or lease
the property.

The provisions of the iqoq Rill as to existing interests ^'' ^* (^)»
were entirely different. Under that Bill an existing J^ote.
interest would have continued so long only as the holder
of an of^ce remained in the office which he held at the
date of the passing of the Act subject to the provision
that if he vacated that ofifice by retirement within five
years he would receive a compensation annuity var3'ing
according- to his age, and payable by the bodies amongst
whom the endowments of the benefice would have been
distributed.

(2) On such a person as aforesaid ceasing for six
months to hold an}' ecclesiastical office in the Church in
Wales such existing interest as aforesaid shall determine :

Provided that if he resigned the office which he last
held with the consent of the representative body on the
ground that he was incapacitated by permanent mental
or bodily infinnity for the performance of his duties, he
shall be entitled to receive during the remainder of his
life an annuity equal to one-third of the average net
income of the office which he held at the passing of this
Act (exclusive of the annual value of the ecclesiastical
residence, if any, attached to the office), during the seven
years immediately preceding the date of his resignation,
and such annuity shall be charged on the property out
of which the emoluments of that office were payable, and
shall be payable by the body or authority in which such
property is vested, or if such property is vested in more
than one body or authority, by those bodies or authorities
in proportion to the value of the parts of the property
vested in them respectivel}".

(3) If any question arises under this section as to
whether a person has been so incapacitated as aforesaid,
or as to the amount of the annuity payable to him, or as
to the bt)dies or authorities by whom such annuity is
payable, or the proportions they are liable to contribute
thereto, or as to the amount to be paid over under this

CI. 14 (3). section as the net income of an}- ecclesiastical office, the
question shall be determined by arbitration.

(4) For the purposes of this section " net income "
shall have the same meaning as the expression " annual
value of a benefice " has in the Incumbents' Resignation
Act, 1871.

This sub-clause is new. It is an attempt to keep
alive in Wales during the continuance of existing interests
the benefits of the Incumbents' Resignation Acts not-
withstanding the general repeal of ecclesiastical laws in
clause I.

As drafted the sub-clause would apply not only to
bishops, deans, incumbents, &c., but also to holders of
lay offices, e.g. chancellors. At present bishops' pensions
are dealt with by a separate Act (32 & 33 Vic. c. iii) and
there is no statutory pro\ision for pensions for lay officers.

While the clause affects to give a claim to a pension
of " one-third of the average net income of the office "
being the pension which may be granted under the In-
cumbents' Resignation Acts to an incumbent of a benefice
incapacitated by infirmity it makes this pension pa3'able
by the body or authority in which is vested " the propertv
out of which the emoluments of the office were payable "
and charges it on such property. Consequently where
the property is very small or where there is no property
the one-third pension will be but ill secured if secured at
all. This will apparently be the case where the income
of the benefice is wholly or largely derived from voluntary
sources and pew rents.

(5) Where the emoluments of any ecclesiastical office
in the Church in Wales do not consist of an interest in
any specific property, but consist of a right to receive
a fixed annual sum then—

(a) If that sum was before the date of disestabhsh-
ment payable directly or indirectly out of the
common fund of the Ecclesiastical Commis-
sioners, such right shall be deemed to be an
existing interest in the property on which the

pa^TTient ui such uniuuil sum is (■har;:;cd by this C!. 14 (5).
Act ; and

(6) If that sum was before that date payable other
wise than out of such fund as aforesaid, and the
property out of which it was paid is by virtue
of this Act vested in the Welsh Commissioners,
such right shall be deemed to be an existing
interest in that property.

(6) The dissolution by this Act of a corporation
aggregate shall not affect the rights of any existing member
of that ' corporation in the emoluments to which as a
member of the corporation he was at the passing of
this Act entitled.

Sub-clause (5) (a) and (b) contains pro\isions necessary
for the protection of vested interests in the peculiar species
of endowments consisting of charges upon ecclesiastical
property and to prevent the loss of such interests by the
destruction of the charges by merger in the property
upon which they are charged when the charges and the
propert}' come to be held by the same bodies ; in effect
the existing interest in the charge is re-established as a
charge upon (i.e. an interest in) the property which
bore it.

Sub-clause (6) is necessary to preserve the existing
interests of members of corporations aggregate (e.g. deans
and chapters) who are entitled not to separate properties
but to a share of the corporate revenues. Each will
continue during the continuance of his existing interest
to be entitled to the same share as formerly of the
revenues which will ha\T passed from the dissolved cor-
porations into other hands.

The provisions of the Irish Act (sees. 23, 51) were
different. It has been already explained {supra, clause 3)
that under the Irish Act a clergyman did not retain a life
interest in the actual emoluments of his benefice, but
received instead from the Commissioners an annuity of
equal amount. The Commissioners were empowered
(i) to commute the value of anv such annuity or life in-
terest, at the request of the person entitled and with the

( CI. 14 (6), consent of the Representative Body, and (2) to pay over
note. the capital sum thus ascertained to the Representative

Bod\' charged with the payment of the annuity, so long
as the annuitant required such payment to be made ;
(3) and if three-quarters of the whole number of eccle-
siastical persons in any diocese agreed to commute their
life interests in this manner, then to pay in addition a
bonus of 12 per cent, on the capital value of the com-
muted annuities to the Representative Bod}^ such addi-
tion to be disposed of for Church purposes. It in fact
helped to provide a re-endowment fund for the Church.

The provisions of the Irish Act as to curates were as
follows. By sec. 15 the Commissioners were directed to
divide curates into two classes : (i) Those who though not
technicall}' beneficed or entitled to a life interest in their
office ought fairly to be considered as " permanent
curates," i.e. as having substantially a permanent
position. The length of service, the duties to be per-
formed, the non-residcnce or infirmity of the incumbent,
and his habit of emplo3dng a curate were to be taken
into account.

Such curates, i.e. those who were in the opinion of
the Commissioners permanent curates, were to receive
an annuity equivalent to the previous yearly income of
their curacy. This annuity was to continue as long as
the recipient was engaged in the performance of spiritual
duties in Ireland (thus providing for his transfer to
another post in the Irish Church) and during incapacity
from age, sickness, or permanent infirmity.

The remaining body of curates who were not entitled
to be considered as " permanent curates," and who were
serving as curates at any time between January i, 1869,
and January i, 1871, were to receive a gratuity. The
amount of the gratuity was not to be more than £25 for
each year of service, and was not to exceed £600 in all ;
but the Commissioners might in any case make it up to a
sum of -£200. It is (jbvious that such a gratuity might
often afford invaluable aid in enabling a curate who
found himself turned adrift by disestablishment to
support himself and his family during the period which
must necessarily elapse before a fresh employment could
be obtained.

The drawback of the curate compensation clauses of
the Irish Act was that they admitted of the abuse of men

becoming curates even after the passing of the Act in CI. 14 (6),
order to receive compensation. This defect could be note. |

remedied by naming a date after which a curate ordained
or enterinj^' (>mi->loyment as a Welsh curate should not be i

entitled to compensation. But in any case, this difficulty I

seems an entirely inadequate reason for inflicting a great
and cruel injustice on a class of men who certainly can
little afford to suffer pecuniary loss.

t 15 — (i) There shall be paid to each person who has Provisions

^ ' as to lithe

any existing interest in any tithe rentcharge transferred rentcharge.
to a County Council under this Act, in substitution for
and in satisfaction of that interest, and so long as that
interest would otherwise have continued, the annual
amount, according to the septennial average, of that
tithe rentcharge, after deducting such sum as may be
allowed by the Welsh Commissioners for cost of collec-
tion, rates, and other outgoings.

(2) The amount so payable shall be paid by the
County Council to the Representative Body upon trust
to pay over the same to the person who had such an
existing interest as aforesaid, and the amount so payable
by the County Council shall be a debt from the Council
to the Representative Body, and a charge on the County
Fund.

" Has any existing interest " — existing interests in
tithe rentcharge transferred to a County Council are not
saved (clause (8) (2) ) and an incumbent can only have a
right to provision in lieu of an existing interest in such
tithe rentcharge.

Clause 4 (i) vests in the Welsh Commissioners the
tithe rentcharge of parochial benefices except such part
as may have been acquired out of grants of capital sums
by the Ecclesiastical Commissioners or out of that portion
of grants out of the Royal Bounty Fund which has been
derived from English sources. The Welsh Commissioners
are then directed by clause 8 (i) (a) (3) to transfer such
part of the parocliial tithe rentcharge so vested in them
as has been acquired by private benefaction to the

CI. 15 (2), Representative Body and by clause 8 (i) (c) to transfer the
note. residue to the Council of the County where it arises, and

if it arises outside Wales, to the Council of such County
in Wales as the Welsh Commissioners think fit. If
apportionment of a tithe rentcharge is necessary for the
purpose of making this distribution it may be made
under clause 33 (i). The Bill of 1909 provided that
where tithe rentcharge was divisible between the Repre-
sentative Body and a County Council the whole tithe
rentcharge should be paid to the County Council subject
to the payment of compensation to the Representative
Body for such part as was " private benefaction "
(clause 5 (6).)

The effect of sub-clauses (i) and (2) seems to be that a
person who is an incumbent at the passing of the Act,
and holds an Ecclesiastical Office in the Church in Wales
on the date of disestablishment, will as long as he con-
tinues to hold such office, instead of receiving that portion
of any tithe rentcharge of his benefice which goes to the
County Council, receive from the County Council but by
payment through tlie Representative Body, an equivalent
income vaiying as does tithe rentcharge after deducting
the sum allowed for cost of collection, rates, etc.

If any part of the tithe rentcharge was a private
benefaction, it will have been transferred to the Repre-
sentative Body, subject to the existing interest of the
incumbent, who will continue to collect such tithe rent-
charge as long as he retains his existing interest.

Any part "of the tithe rentcharge which has been
acquired out' of grants of capital sums by the Eccle-
siastical Commissioners or out of that portion of grants
out of the Royal Bounty Fund which has been derived
from English sources, will have become vested in the
Ecclesiastical Commissioners and Queen Anne's Bounty
respectively (clause 5 (3) ) with power to transfer it to
the Representative Body (clause 6 (c) ) subject to the
payment by the Representative Body of such sums as
may be required for preserving existing interests. In
respect therefore of this part of his titlic rentcharge,
the incumbent will receive an equivalent net incpme
from the Representative Body.

The Bill of 1895 contained provisions similar to those
of the Bill of 1909 as to tithe rentcharge, while the Irish

Act (sec. 12) transferred the tithe as from the date uf CI. 15 (2),
disestabhshment to the Commissioners under that Act. note.

(3) A Comity Council and the Representative Body
shall as respects any tithe rentcharge transferred to them
under this Act which was previously attached to a benefice,
be deemed to be the owner of tithe rentcharge attached
to a benefice, for the purposes of the Tithe Rentcharge
Rates Act, 1899, so long as the holder of the benefice
continues to be entitled to the emolumeivts of the benefice,
but no longer.

The Tithe Rentcharge (Rates) Act, 1899, exempts
the owner of tithe rentcharge attached to a benefice
from one-iialf of the same rates as are mentioned in
the Agricultural Rates i\.ct, 1896 (except such of those
rates as the owner of tithe rentcharge only pays in the
proportion of one-half or less as compared with the
occupier of buildings).

These two Acts have been continued from time to
time by Continuance Acts, the last occasion being in
1911, when their operation w^as continued until 1913.

This sub-clause is necessary to ensure that after the
passing of the Act the net amount received by an exist-
ing incumbent during his incumbency in substitution
for any tithe rentcharge shall not be less on account
of the tithe rentcharge being no longer attached to a
benefice ; after the incumbent's interest has expired
this relief is withdrawn : it is not continued during the
continuance of a pension to a retired incumbent so that
the one-third pension annuity, when it is given in respect
of tithe rentcharge, will in fact be greater than one-third
of the amount receivable by the Body to whom the tithe
rentcharge is transferred.

(4) Nothing in this section shall be construed as
relieving the holder of any Ecclesiastical Office in the
Church in Wales of any liability to repair any ecclesi-
astical building to wiiich as the owner of tithe rentcharge
he was subject immediately before the passing of this
Act.

CI. 15 (4) This provision is new.

note. So long as the existing interest of an incumbent

continues, he either receives the tithe rentcharge or the
whole annual value thereof and he remains liable (if
he was formerly liable) for the repair of the chancel.

County Councils will not be liable for the repair of
chancels either during the continuance of existing interests
or after the cessation thereof, although they may hold
tithe which has hitherto been charged with this liability
(clause 27 (i) ).

The position and rights of lay impropriators of tithe
in Wales are not affected by the Bill. See clause 27 and
notes.

Compensation 16. Thc Wclsh Commissioners, if application is made
'to them within six months after the passing of this Act
by or on behalf of any person who or whose predecessor
in title was at that date entitled to any right of patronage
of any benefice affected by this Act, shall, at the expira-
tion of two years from the date of disestablishment,
or, if a vacancy in that benefice occurs after the date of
disestablishment but before the expiration of that period,
on the occurrence of the vacancy, pay in compensation
for the extinction of that right such an amount as the
Welsh Commissioners may think just, so however that
the total amount paid by way of compensation in respect
of any benefice shall not exceed one year's emoluments
of the benefice taken on an average of the three years
immediately before the passing of this Act :

Provided that —

(i) His Majesty shall not, nor shall any corporation,
sole or aggregate, dissolved by this Act, nor
shall any trustees, officers, or other persons
acting in a public capacity, be entitled to any
payment under this section for or in respect
of any right of patronage ; and

(2) Wliere any person W(juld, but for the provisions CI. 16.

of the statutes affecting Roman Cathohcs in
reference to conformity to the estabhshed
Church, have had at the passing of this Act
any such right of patronage he or his successors
in title shall be entitled to compensation
therefor in the same manner as if it had been
then actually vested in him ; and

(3) A trustee or other person occupying a fiduciary

position shall not be bound to make an applica-
tion under this section ; and

(4) The compensation paid under this section shall be

paid out of or charged on the propert}^ vested
in the Welsli Commissioners under this Act,
other than burial grounds and the property
to be transferred to the Representative Body,
in such manner that the burden thereof may be
distributed amongst the University of Wales
and the several County Councils in proportion
to the value of the property transferred to them
respectively.

This clause corresponds to clause 16 of the Bill of 1909
and clause 18 of the Bill of 1895. The words " or whose
predecessor in title," providing for the case of a change
of patron between the passing of the Act and the date of
the application to the Welsh Commissioners appeared
first in the 1909 Bill. Two years is now to be the maxi-
mum time that a patron will have to wait for his com-
pensation ; under the 1909 Bill he had to wait for five
years and under the Bill of 1895 until the next vacancy ;
and no interest is allowed by the present Bill or the Bill
of I90() on the amoimt of the compensation for the period
between the date of the vacancy or the end of the two
or five years as the case may be and the date of the
payment of such compensation.

It is perhaps worth remarking that the Irish Act was
prefaced by a statement that Mor Majesty had been

CI. 16, graciously pleased to place her interests in Irish patronage
note. at the disposition of Parhament. The present Bill

contains no such statement.

As regards private patrons the clause does not clearly-
provide for cases in which two or more persons have rights
of patronage in respect of the same benefice. No principle
is stated for the mode of dividing the compensation among
the persons interested. The compensation must be
claimed within six months after the passing of the Act,
but will not become payable until two years after dis-
establishment, or the vacancy of the benefice if occurring
before the expiration of two years.

The amount of compensation is very small. Under
the Irish Act (sec. i8), the Commissioners were to
ascertain (on application to be made within three years of
the passing of the Act), the compensation which ought
to be paid to am- person having rights of patronage
affected by the Act, and such compensation (being, it is
conceived, the market value of the rights of patronage
apart from disestablishment) was payable immediately.
The Irish Act (sec. 6, sub-sec. 4) contained a general
proviso for paj^ment, in addition to any compensation
under the Act, of the reasonable costs of making good the
claim. The present Bill contains no corresponding
clause.

Under sec. 42 of the Irish Act any person aggrieved
at the value set upon his right of patronage might have
the question referred to arbitration. Under the Welsh
Bill the patron's remedy is by appeal to the Judicial
Committee (clause 12 (i) supra) who will, however, be
bound by the one-year limit of compensation imposed
by this clause. It appears doubtful whether the Simeon
Trust and similar patronage trusts are included in the
terms " trustees or persons action in a pubHc capacity."
The patronage of several of these trusts is treated by the
Ecclesiastical Commissioners as public patronage, and it
would seem, therefore, that under the first proviso of this
clause they may not be able to claim compensation in
respect of their Welsh patronage. In some cases advow-

sons have been purchased for large sums by persons still CI. 16,
living, for the purpose of handing them over to trustees.* note.

The expression " one year's emoluments . . . taken
on an average of three years " is vague. It is probabl}'
intended to mean one year's net income of the benefice, and
if that is so, the method of computing the net income
should be clearly defined. The definition contained
in'clause 14 (4) applies only to that clause.

The patronage of Roman Catholic patrons is exercised
by the Universit\' of Oxford in the case of benefices in one
half of England and Wales, and b}' the University of
Cambridge in the case of benefices in the other half
(3 Jas. I. c. 5 ; I W. & M. sess. I. c. 26 ; 12 Ann. St. 2,
c. 14; II Geo. n. c. 17, sec. 5), but any compensation
under this clause is to be paid to the Roman Catholic
patron or his successors in title, who would in fact be the
person to receive any consideration on a sale of|the
patronage. j^'?

The effect of sub-clause 3 is to free a trustee from an}-
liability for failing to make an application for compensa-
tion, i.e. he will not be committing a breach of trust
by so failing.

17. If the Welsh Commissioners find that any person Compensation
who at the passing of this Act holds an}' lay office in the
Church in Wales by freehold tenure or by any tenure which
in the opinion of the Commissioners, is equal to freehold
tenure, is deprived of any emoluments by the operation
of this Act, the\' may pay to that person out of moneys in
their hands in pursuance of this Act, such sum by way of
compensation, either by means of a single pa\inent or of
the purchase of a Hfe annuity, as they may. with the
consent of the Treasury, determine :

* Under the Lord Chancellor's Augmentation Act (26 & 27 Vict.
Cap. 20), the advowsons of six livings in Wales or Monmouthshire have
been sold. The purchasers, under the provisions of that Act, paid
between five and ten times the amount of the annual values of the
Livings. Like other Patrons imder this Bill their compensation will
be limited to one year's value. The consitleration moneys have gone
to increase the values of the Livings of which the ad\owsons have been
so sold, or of other Livings in the Lord Chancellor's patronage, and are
now represented by annual charges on the Common Fund of the
Ecclesiastical Commissioners or capital funds held by them in favour
of such augmented Livings.

of freehold
oflices.

CI. 17. Provided that the compensation paid under this section

shall be paid out of or charged on the property vested in
the Welsh Commissioners under this Act, other than
burial grounds and the property to be transferred to the
representative body, in such manner that the burden
thereof may be distributed amongst the University of
Wales and the several County Councils in proportion to
the value of the property transferred to them respectively.

The first part of this clause reproduces clause 17 of the
Bill of 1909 and clause 19 of the Bill of 1895 ; persons
holding lay offices for life may be compensated. Such
persons include the chancellor of a diocese and the
registrar, and in some parishes the parish clerk and
sexton. It would seem that the bishops' secretaries and
diocesan surveyors, as their offices are not freehold, will
not be compensated.

The amount of compensation payable appears to be
• in the discretion of the Welsh Commissioners, subject to
the consent of the Treasury. No principle is stated
to guide the Welsh Commissioners in forming their
judgment. Under the Irish Act (sec. 45) chancellors
and registrars were entitled to an annuity equal to the
average annual amount of their fees and emoluments
for a period of three years ; and under sec. 16 parish
clerks and sextons were to have an annuity equal to their
yearly salary as long as they continued to perform their
duties.

The present Rill provides no express compensation for
any lay officials connected with a church or chapel whose
offices are not freehold, that is life, appointments. Thus
the parish clerk of one parish who has in law a life interest
will get compensation, while the parish clerk of the next
parish, whose tenure of his office, though practically
of equal permanence, may not be deemed by the Welsh
Commissioners to be equal to freehold tenure, will get
nothing. Pew openers are hardly likely to be regarded
as holding their offices by a tenure equal to freehold and
will therefore in all probability be entitled to no com-
pensation.

The Irish Act (sec. 17) provided as compensation for
persons holding temporary appointments connected with

a church or chapel who had been employed for two years CI. 17,
before January i, i86q, a gratuity not exceeding one note,
year's salary, and sec. 45 contained provisions in favour
of deputy registrars and their managing and other clerks
who had been employed for five years for such reasonable
compensation as should be just.

Application of Residue.

18. — (i) Subject to the provisions of this Act, the Application
propert}' vested in the Welsh Commissioners b}- this property.
Act, other than the property transferred to the representa-
tive body and burial grounds, shall be applied as follows : —
{a) The property formerly appropriated to the use of
parochial benefices and transferred to a County
Council shall be apphed, in accordance with a
scheme made by that Council and approved by
the Secretary of State, to any charitable
eleemosynary or public purpose of local or
general utility ;

(6) All other property to which this section relates
shall be apphed in the first instance towards
payment of the expenses of carrying this Act
into execution (exclusive of an}' expenses
incurred in the administration of any scheme
made by a County Council) and, subject thereto,
shall be apphed by the University of Wales
by way of pa^inent either of capital or annual
sums, or partly in one such way and partly in
the other, for the benefit of the following
institutions, that is to say, the University
College of Wales, Aberystwyth, the University
College of North Wales, the University College
of South Wales and Monmouthshire, the National
Library of Wales, and the National Museum
of Wales, so, however, that the ultimate share

CI. 18 (1). of each such University College shall be one-

fourth, and of each of the other institutions one-
eighth, of the total amount so distributable.

(2) In framing schemes under this section as to the
application of property formerly appropriated to the use
of parochial benefices, due regard shall be had to the
wants and circumstances of the parish in which the
propert}- is situate or from which it is or has been derived,
and of the parish comprising the ecclesiastical parish to
which any such property was attached, and generally
to the circumstances of each particular case.

(3) A scheme made under this section may be amended
or revoked by a scheme made and confirmed in like
manner as the original scheme.

(4) Every scheme made and confirmed under this
section shall be laid before both Houses of Parliament as
soon as may be after it is confirmed, and shall have
effect as if enacted in this Act.

The effect of this clause is that {a) Parochial property
which is transferred to County Councils is to be applied
to charitable eleemosynary or public purposes of local
or general utility according to a scheme made with the
approval of the Home Secretary by the County Council
of the county in which the parish of the Benefice to which
the property belonged is situate and with due regard to the
interests of that parish and also the parish from which it is
derived ; (6) all other properties are to be applied, firstly,
in paying the expenses of carrying the Bill into execution,
e.g. Welsh Commissioners' salaries, office expenses, com-
pensation to patrons, lay ofiicers, &c. (clauses 16, 17) ;
and secondly, applied by the University of Wales for
the benefit of the three colleges and the library and
museum referred to, the share of each college being equal
and double that of the library and museum respectively.
The Bill of 1909 was more detailed in its provisions
as to parochial endowments which, as regards glebes,
would have been transferred to the council of the rural
parish, borough, or urban district in which the same might

be situate. It provided that these should be applied to CI. 18,
the following purposes : note.

The erection or support of cottage or other hospitals,
or dispensaries, or convalescent homes.

The provision of trained nurses for the sick poor.

The foundation and maintenance of public parish or
district halls, institutes, and libraries.

Technical and higher education.

Any other charitable or eleemosynary purpose or
public purpose of local or general utility for which pro-
vision is not made by statute out of public rates.

All other properties were to be applied, firstly, in
paying the expenses of carrying the Bill into execution,
and, secondly, towards technical and higher education
in Wales. It will be noticed that the words " for which
provision is not made by statute out of public rates "
have been omitted from the present Bill, but presumably
reliance is placed upon the necessity of the Home Secre-
tary's approval of any scheme of application to ensure that
the property shall not be applied merely in relief of the
rates. So much may in existing circumstances be pro-
vided for out of the rates that the express restriction
would doubtless prove very awkward without the enumera-
tion of some express purposes to which the property
might be applied.

The corresponding provisions of the Bill of 1895 were
somewhat different. In addition to the purposes set out
in the first Schedule of the Bill of 1909 there were others
of a similar character, viz., workmen's dwellings and
allotments, and the establishment and maintenance of a
library, museum, or academy of art for Wales.

It was explained by Mr. Asquith in introducing the
1909 Bill that these have been omitted, as they had since
1895 received other provision at the hands of Parliament.

The Bill of 1895 (clause 9) limited the proportion of
the funds arising under {b) applicable towards payment
of the expenses of carrying the Act into execution to one
tliird of such funds.

It is to be noted (see sub-clause (2) ), that in framing
schemes the interests both of the parish in which the
property is situate and also of that to which it was
formerly attached are to be considered. This provision
will apply to tithe as well as the proceeds of glebe, so that
while (as compared with the Bill of 1909) the rural

CI. 18, parishes and urban districts lose the actual disposition
note. of the glebes the parishes gain a right to preferential

consideration in the application of both tithe and glebe
within their borders.

The Irish Act (sec. 68) left the appHcation of the
surplus derived from the Irish Church disendowment to
the future direction of Parliament, but made this recom-
mendation, namely, "It is further expedient that the
proceeds of the said property should be appropriated
mainly to the relief of unavoidable calamity and suffering,
yet not so as to cancel or impair the obligations now
attached to property under the Acts for the relief of
the poor."

Part IV
Supplemental.

First fruits -jg, As from the date of disestablishment first fruits

and tenths.

in respect of any subsequent appointment to any eccle-
siastical offtce in the Church in Wales, and tenths in
respect of any such ofhce, shall cease to be payable :

Provided that nothing in this Act shall affect the
liability of any person who at the passing of this Act has
an existing interest in the emoluments of any ecclesiastical
office in the Church in Wales to pay tenths, but such
tenths shall after the date of disestablishment be paid to
the Welsh Commissioners or as they may direct, and
shaU continue to be so payable so long as such person
continues entitled to such an interest.

This clause is the same in effect as sub-clause (4) of
clause 18 of the 1909 Bill.

First fruits are the profits of a living for one year
according to a valuation made in Henry VIII. 's reign,
and commonly known as the " King's Books." First
fruits were made payable to the Crown by 26 Henry VIII.,
c, 3, on every avoidance of any living mentioned in the

«9

King's Books. There are, however, now a great number CI. 19,
of Hvings which for various reasons are exempt from this note,
impost, and also from tenths. Tenths are an annual tax
to the Crown of one-tenth of the annual value of a living
according to the King's Books, payable by the incum-
bents of certain livings. In 1703 Queen Anne made over
both first fruits and tenths to the Corporation ^then
created, known as her " Bounty," for the augmentation of
the maintenance of the poor clergy. A person who is an
incumbent at the passing of the Act, and continues so
to be at the date of disestablishment, will have to continue
to pay tenths to the same extent as before the Act.
Bishops are charged with an annual composition pay-
ment in lieu of first fruits and tenths, and it is not clear
whether those of them in occupation of their sees at the
passing of the Act will continue chargeable with the
whole of this composition payment. The proviso con-
tinues the liability to pay tenths, but says nothing about
first fruits in respect of an appointment prior to the
Act. Between the date of the passing of the Act and
the date of disestablishment payments in respect
of first fruits and tenths will presumably continue to be
made to Queen Anne's Bounty except in the case of
appointments after the passing of the Act (clause
20 (3) ).

20. If any vacancy occurs in any ecclesiastical office Vacancies

. . during

in the Church in Wales, between the passing of this Ad suspensory

and the date of disestablishment —

(i) His Majesty the King may in the case of a vacant
bishopric, on the petition of the Archbishop of
Canterbury, or of any three Welsh bishops,
nominate a person to fill the vacancy ; but any
bishop so nominated shall not be summoned
to or be qualified to sit in the House of Lords,
and shall be subject to the provisions herein-
after mentioned :

{2) Any other vacancy may be filled by an appoint-
ment made by the same person in the same
manner as if this Act had not passed :

period.

CI. 20. (3^ A person nominated or appointed to any office in

pursuance of this section shall not be Hable to
pay any first fruits in respect of appointment
to the office, or any tenths in respect of the
office, but his interest as respects the office to
which he is so nominated or appointed shall
not be an existing interest within the meaning
of this Act :
(4) If the person so nominated or appointed was at
the passing of this Act the holder of any other
ecclesiastical office in the Church in Wales he
shall, until the date of disestablishment, pay
over to the bishop of the diocese the net in-
come of the last-mentioned office, who shall
thereout make such provision for the discharge
of the spiritual duties of that office as he may
think proper until the date of disestablishment.

The provisions of the Bill of 1909 involved the loss
of any right to compensation on appointment to a new
office in the Church in Wales after the passing of the
Act. The present Bill provides by clause 14 that as
long as any person holds any ecclesiastical office in the
Church in Wales he shall retain his existing interest in
the emoluments of any office he held at the passing of
the Act, An incumbent passing from one benefice in
Wales to another between the passing of the Act and the
date of disestablishment gains no " existing " interest in
the emoluments of his new benefice but while under the
Pluralities Act, 1838, he vacates his old Benefice, by this
Bill he will retain an existing interest in the emoluments of
that benefice. Under this clause he will have to pay the
profits arising from the continuance of that existing
interest to the bishop until disestablishment and under
clause 14 (i) {a) thereafter to the Representative Body.

Provision as 21. — (i) Where any cathedral or ecclesiastical cor-

poration dissolved by this Act holds any property in trust
for any charitable purpose, the property shall on the
dissolution of the corporation vest in the Welsh Com-

to trusts.

missioners, and the Commissioners shall, on the request CI. 21 (1).
of the Representative Body, transfer the property to
that body or to persons appointed by them, subject to
the trusts affecting the same, and under the same super-
vision, local or otherwise, as heretofore, or as near thereto
as the circumstances of the case will admit.

(2) Where any ecclesiastical persons are immediately
before the date of disestablishment in right of their
offices entitled to be members of any bodies constituted
for the management of any private endowment, or trustees
for the management of property belonging to institutions
or private foundations for purposes not ecclesiastical,
then the persons (if an}^) who may hereafter at any
time discharge duties similar or analogous to those now
discharged by those ecclesiastical persons shall be entitled
to succeed in their room and to be members of such
bodies and to act as such trustees.

Sub-clause (i) is similar to clause 19 of the Bill of
1909 and clause 22 of the Bill of 1895.

It provides for cases in which an incambent or a .
chaplain, or any other ecclesiastical corporation, happens
to be ex-officio sole trustee of a charity. Where the
incumbent of a parish is a trustee jointly with other
persons if the trust is " for the management of any
private endowment or property belonging to institutions
or private foundations for purposes not ecclesiastical,"
he will, and his de facto successor, will be entitled to act
as such trustee.

It is not clear to what sort of trusts this provision
is intended to extend : the description of the trusts does
no tappear to be by any means co-extensive with " trust
for any charitable purpose" mentioned in sub-clause (i)
and it expressly excludes of all others " ecclesiastical "
charities, though why the person discharging in the
disestabUshed Church the duties analogous to those of an
incumbent should be deemed unfit to be the trustee of an
" ecclesiastical " charity is difficult to understand. In
the case, for instance, of a Church room of which the

CI. 21, incumbent of the benefice A is ex officio a trustee. After
note. disestablishment, there is no benefice A, although the per-

son who was incumbent retains an interest in the endow-
ments thereof. Has the " incumbent " ceased to be a
trustee of the Church room ? Apparently he has.

Savin- for 22. Nothing in this Act shall affect the law with

marriage aw. ^^^^^^^ ^^ marriage in Wales or Monmouthshire, or the

right of a bishop of the Church in Wales to hcense churches

for the solemnisation of marriage or to grant Hcences

to marry :

Provided that where neither party to a marriage is a
member of the Church in Wales they shall not be entitled
as of right to have the marriage solemnised in a Church
of the Church in Wales.

The effect of this clause seems to be that (i) the
existing right of a person to be married in the Church of
the ecclesiastical parish in which he or she resides
(4 Geo. IV. ch. 76, sec. 2), and the existing duty of the
incumbent of such parish to proclaim banns and perform
marriage in such a case (Agar v. Holdsworth, 2 Lee 515),
and (2) the existing restriction by which an incumbent
is forbidden to proclaim banns or perform marriages
when neither of the parties hves in his parish
(4 Geo. IV. ch. 76, sec. 2, 19 & 20 Vict. ch. 104, sec. 15)
are attempted to be preserved. The object of the re-
tention of the bishop's right to license churches for
solemnisation of marriage is not very clear. The bishop's
power in this respect is limited to certain exceptional
cases only, viz. : districts formed under i & 2 Will. IV.
ch. 38 and chapels serving " populous districts remote
from the parish church " (6 & 7 Will. IV. ch. 35 sec. 26).
In all other cases, either the use of the Church for the
solemnisation of marriage is inherent as in an ancient
parish or is given by statute as in certain new eccle-
siastical parishes or is given by the Ecclesiastical Com-
missioners under statutory powers which are not saved
by the Bill.

It appears from the proviso which expressly takes
away the right to require a marriage to be solemnised
in Church when both parties are Nonconformists, that

in all other cases it is intended to preserve this right. CI. 22,
But this seems inconsistent with clauses i to 3. After note,
disestablishment, there will remain no obligation on the
Church in Wales to maintain any particular incumbency,
or any particular parochial boundaries. It is difficult
to see how the rights of parishioners in the established
Church with regard to marriage, or their obligations, e.g.
as to pa3'ment of marriage fees, can be enforced in the
disestablished Church. Similarly, the bishops' practice
of issuing marriage licences presupposes the existence of
officials, the Chancellor and Registrar and Surrogates,
all of whom will disappear under clauses 2 and 3. The
attempt to preserve in the disestabhshed Church some
of the functions of the cstabhshcd Church, perhaps on
grounds of public convenience, would seem to be quite
impracticable.

In Ireland, after disestablishment, under 33 & 34 Vict.
ch. no (Matrimonial Causes, etc. (Ireland) Act, sees. 32-42)
provision was made with regard to the marriage law and
the disestablished Church. The effect of the sections
was, however, merely to authorise without attempting
to require the solemnisation in Church of marriages
between persons, both of whom were " Protestant
Episcopalians." The elaborate character of the enact-
ments in these sections is an indication of the com-
plexity of the adjustments necessary to make the machin-
ery of Church and State as to marriages possible in any
degree under the altered conditions of disestablishment.
The attempt to secure the same result by a clause of
four lines in the present Bill leaves so man}' points vague
and unsettled that it is difficult to beUeve it can be success-
ful.

23. — (i) Nothing in this Act shall during the in- Supplemental
cumbency of an existing incumbent of an ecclesiastical to burial

parish— grounds.

(a) affect any powers or rights with respect to burials
in the burial ground of that parish, including
the consecrated portion of any burial ground
provided under the Burial Acts, 1852 to 1906,
or affect any enactment requiring or authorising
a notice or certificate of any burial to be given
to the incumbent ; or

)\. 23 (1). {b) affect the right of any existing clerk or sexton to

fees in respect of such burials.

(2) The vesting of any burial ground under this Act
shall be without prejudice to any existing pubhc and
private rights of burial therein.

(3) Where any burial ground which, under this Act,
is transferred to any authority (whether a burial board
council, chairman of a parish meeting and overseers,
or trustees) adjoins a church vested in the Representa-
tive Body, then after the determination of the incum-
bency of the existing incumbent —

(a) the burial ground shall be held subject to a right
of way in the Representative Body, and the
clergy and congregation attending the church,
and such other persons as may resort thereto
for the purpose of Divine worship, or of repair-
ing the church, or for any other lawful purpose ;
and

{b) no funeral shall be allowed to take place during
the usual time of the ordinary services in the
church, and such other regulations shall be
made as may be found necessary to prevent
any interference, by persons attending funerals,
with the clergy or congregation attending the
church ; and

(4) Subject as aforesaid, every such burial ground
shall after the determination of the incumbency of the
existing incumbent be held for the same purposes and
subject to the same rules and regulations as if the Burial
Acts, 1852 to 1906, were in force in the area of the

authorityby which the burial ground is to be administered CI. 23 (4)
and as if it were a burial ground provided under those
Acts, and those Acts, so far as is consistent with the
tenor thereof, and with the provisions of this Act, shall
apply accordingly :

Provided that where any such burial ground is under
this Act transferred to the chairman of the parish meeting
and overseers of a rural parish the necessary steps shall
forthwith be taken for the constitution of a burial
authority for the parish.

This clause provides for churchyards after disestablish-
ment and must be read in conjunction with clauses 8 (i)
[a] (vi) and 24 (i) {b). The general'effect can be shortly
stated. Closed churchyards can be claimed bv the
Representative Body, and if so claimed in rural parishes
will continue if already so repariable, repairable by the
Parish Councils under the Local Government Act, 1894
s. 6 (i) {b). In rural parishes w'here not so repariable
and in all urban parishes they will presumably be repair-
able by the Representative Body (clause 24 (i) (b)).

Closed churchyards not claimed by the Representative
Body will be transferred to the burial authority (clause 8
(i) (b) ) and the cost of upkeep will fall upon the parish or
urban district council concerned (clause 24 (i) {b) ).

Existing churchyards will be vested during the in-
cumbency of the present incumbent in him and he will
retain his rights to fees and any other rights he may have,
e.g. right to refuse permission for the burial of any non-
parishioner, to supervise inscriptions on monuments,
and the right to notice of intention to bury without a
service or with a service other than that of the Church of
England ; and while the incumbent's interests last, so
long and no longer, will the rights of the existing parish
clerk and sexton to fees continue.

" Incumbent " and " Incumbency " are technical
terms, having relation to a benefice. It is difficult to
see what their exact meaning will be under the altered
circumstances, when benefices, as such, no longer
exist.

) CI. 23.
note.

owers of
estries and
hurch-
'ardens.

After the existing incumbent ceases to hold the
benefice the existing churchyards hitherto required by
law to be kept with reverent care by the authorities of the
Church and to be exempt from all secular or profane uses,
will pass under the control of the local authority, and be
subject to all the incidents attaching to consecrated
burial grounds under the Burial Acts. Apparently " the
bishop of the diocese " whoever that may be after dises-
tablishment will still have power to decide as to the
fitness of inscriptions upon tombstones (lo & ii Vict. c. 65,
s. 51 and 15 & 16 Vict. c. 85, s. 38).

24. — (i) There shall be transferred to the council of
every borough, and urban district in Wales and Mon-
mouthshire—

{a) the powers, duties, and liabilities of the vestry of
every parish within the borough or urban
district, except so far as they relate to the affairs
of the Church or to ecclesiastical charities ;
[h] the powers, duties, and liabilities of the church-
wardens of every such parish, except so far as
they relate to the affairs of the church or to
charities, or are powers and duties of overseers,
but inclusive of the obligations of the church-
wardens with respect to maintaining and
repairing closed burial grounds wherever the
expenses of such maintenance and repair are
payable out of the poor rate under the Burial
. Act, 1855, and the burial ground is not trans-
ferred to the Representative Body.
(2) The council of every such borough and urban
district shall have the like powers and duties with regard
to the appointment of overseers and the appointment and
revocation of appointment of assistant overseers as are
conferred on parish councils by section five of the Local
Government Act, 1894, and that section shall apply
accordingly :

Provided that paragraph (c) of subsection (2) of that CI. 24 1 2).
section shall not, unless the Local Government Board
otherwise direct, apply to any parish in any such borough ,

or urban district, but the legal interest in all property '

referred to in the said paragraph, and with the exception
therein mentioned, shall vest only in the overseers of the
parish, subject to all trusts and liabiHties affecting
the same.

(3) Nothing in this section shall affect any order which 1

may have been made by the Local Government Board
under sec. 33 of the Local Government Act, 1894.

By the Local Government Act, 1894, the civil rights,
duties and liabilities of churchwardens and vestries in 1

rural parishes were transferred to the parish councils. •

This clause makes similar provisions with regard to urban
parishes, transferring the rights, duties, and liabilities to
the borough or urban district councils.

It is dilftcult to say what rights, duties, or liabilities
of churchwardens exist to be affected by this provision,
but in the case of vestries it may include the consideration
of the County Rate basis, and the custody of parish
documents.

In future overseers and assistant overseers in urban
parishes will be appointed by the borough and urban
district councils and parish property vested in the over-
seers and churchwardens will be vested solely in the
overseers.

In probably the majority of urban parishes the powers
referred to in this clause have already been transferred
by Orders of the Local Government Board to the borough
and urban district councils under the permissive pro-
visions of sec. 33 of the Local Government Act, 1894.

25. During the continuance of the existing interest Powers of

. , • • 1 rr • ii /-^i 1 • incumbents

of the holder of any ecclesiastical office m the Church in ^^h respeci

Wales in any property transferred under this Act to the !° P.'J;*j^f,">'

representative body, any power of sale, leasing, mortgag- they have

• r 1 T • 1 existing

ing, exchanging, or otherwise disposing of or dealing with interest,
that }M-operty exercisable by the holder of that olftce at

CI. 25. the passing of this Act shall continue exercisable by him,
but no such power shall be exercised by him without the
consent of the representative body, and such consent as
aforesaid shall be substituted for any consents or approval
which would have been required if this Act had not been
passed :

Provided that where under the Acts in pursuance of
which property is disposed of or dealt with the whole
or any part of the proceeds of the consideration received
for the sale, leasing, mortgage, exchange, disposal of or
dealing with the property is payable to the Ecclesiastical
Commissioners or Queen Anne's Bounty or the Board of
Agriculture and Fisheries, or any other authority, it
shall be paid to the representative body, and shall,
subject to the existing interest of the incumbent, become
the property of that body.

This clause corresponds to sub-clause (i) of clause 20
of the 1909 Bill, but the Bill of 1895 contained no clause
dealing specially with these powers.

The most important powers affected by the clause
are those conferred by i & 2 Vict. c. 23, under which a
parsonage may be sold with the consent of the patron,
ordinary and archbishop ; 2 & 3 Vict. c. 49, under which
other buildings may be sold with the hke consents ;
5 & 6 Vict. c. 108 and 21 & 22 Vict. c. 57, which give
power to bishops, deans and chapters, incumbents, and
other ecclesiastical corporations, with the consent of the
Ecclesiastical Commissioners, and, in the case of in-
cumbents, with the consent also of their patrons, to lease,
sell or exchange lands or minerals belonging to their
preferments ; the Improvement of Lands Act, 1864
(27 & 28 Vict. c. 114), under which an incumbent can
charge his glebe for improvements with the consent of
the bishop and patron ; the Tithe Acts (5 & 6 Vict. c. 54
and 9 & 10 Vict. c. 73), under which an incumbent can
exchange glebe lands for other lands of equal value with the
approval of the Board of Agriculture ; the Glebe Lands
Act, 1888 (51 & 52 Vict. c. 20), under which an incumbent
can sell glebe with the consent of the Board of Agriculture ;

and the Small Holdings and Allotments Act, 1908 CI. 25,
(8 Edw. VII. c. 36 s. 40), under which glebe can be let note.
with the consent of the Ecclesiastical Commissioners.

All these powers are to be exercisable by the holders
of any ecclesiastical office during the continuance of their
existing interests, with the consent alone of the representa-
tive body, that is to say of the Reversioners. In every
case where the whole or any part of the proceeds of the
transaction would in existing circumstances be payable
to the Ecclesiastical Commissioners, Queen Anne's
Bounty, or the Board of Agriculture, or any other
authority, it will be payable to the representative
body.

After the cessation of existing interests the representa-
tive body will presumably have all the powers of an
ordinary corporation, while the Welsh Commissioners
and any local authority have full powers conferred upon
them by clause 26 subject to certain consents.

It is not clear whether this clause is intended to appl}'
to an incumbent's power to mortgage his benefice to
Queen Anne's Bounty ; but such a mortgage would
be obviously impossible after the passing of the Act.
With regard to the repayment of mortgages to Queen
Anne's Bounty already existing, provision purports to
be made in clause 31 (which see).

26. — (i) The Welsh Commissioners, and any local Powers of

management

authority shall, with respect to an}- property vested in and sale,
them by or under this Act, have power to manage the
property, and, as incidental thereto, power to sell, lease,
or exchange any part thereof ; but any such power of
sale, leasing, or exchange shall not be exercised b}' the
Welsh Commissioners without the consent of the Treasur}-,
or bv a local authority without such consent as is by law
required for the purposes of the sale, leasing, or exchange
of land by that authority :

Provided that nothing in this section shall be con-
strued as conferring a power on any authority to sell
any part of a burial ground.

Cl. 26. (2) The property transferred under this Act to the

University of Wales shall not be reckoned as part of the
property held by that university for the purposes of the
limitation contained in the charter of the university on
the amount of property which they are authorised to
hold, and the university may, notwithstanding anything
in that charter, hold and apply the property so transferred
to them, and make any payments thereout required for
preserving existing interests, in accordance with the
provisions of this Act, and shall for that purpose have
power to manage the property, and as incidental thereto
to sell, lease, or exchange any part thereof ; but no such
power of sale, leasing, or exchange shall, whilst the
university continues Hable to make payments for the
purpose of preserving existing interests, be exercised
without the consent of the Treasury.

This clause confers a general power of sale and leasing
on the Welsh Commissioners, the University of Wales,
and on any local authority. For example, it empowers
a County Council in whom tithe rentcharge is vested,
with the consent of the Local Government Board, to sell
the same. The bill does not provide that the owners of
the land out of which the tithe arises shall have a right
of pre-emption.

The Bills of 1909 (clause 21) and of 1895 (clause 23)
contained similar provisions except that there was
nothing in those Bills to have prevented the sale of any
part of a burial ground. The Irish Act (sec. 34) gives the
Commissioners a general power of sale of land, and sec. 32
provides for owners bu^ang the tithe on their own land.

The University of Wales comprising the three colleges
referred to in clause 18 (i) {b) was incorporated by Royal
Charter dated November 30, 1893, with licence to hold
property up to the annual value of ;^io,ooo exclusive of
lands and buildings used for the immediate purposes
of the university. By this clause property transferred
to the university by the Welsh Commissioners is not to
be included in this limitation.

27. — (i) Nothing in this Act shall affect any liability Supplemental
to pay tithe rentcharge, or the liability of any la\- im- !nth'e°"' "'''
propriator of any tithe rentcharge to repair any eccle- rentcharge.
siastical building, but a county council shall not, bv
reason of being entitled to or receiving any tithe rent-
charge under this Act, be liable for the repair of any
ecclesiastical building.

(2) Such liability as aforesaid of a lay impropriator
may be enforced in the temporal courts at the instance
of the representative body in like manner as if such
liability arose under a covenant made with the representa-
tive body and running with the tithe rentcharge.

This clause refers to the Uabilit}- under certain circum-
stances of owners of tithe rentcharge to repair the chancel
of the church of the parish from which the tithes are
derived. To a certain extent this hability, originally
attaching to the rector who had the great tithes, has
been held to follow the ownership of the tithe even when
detached from the rectory. The object of the clause is,
therefore, to prevent the possibility of a claim for repairs
of the chancel being made against the County Council
by reason of that body's owning the tithe. The clause
provides that the liability of a lay impropriator to repair
the chancel shall not be affected. The Bill of 1909
(clause 22) and the Bill of i8()5 (clause 24) contained the
same provision with regard to the Habilitv of County
Councils, but did not expressly deal with the liabilit\- of
a lay impropriator.

As to the liability of incumbents and other holders of
ecclesiastical offices to repair chancels, see clause 15 (4)
and notes.

28. — (i) The respective registrars of the diocesan or Delivery up of
other registries, or any other officers having the possession ^"'^1."!^'^^^ ^°
or custody of any books or documents relating to anv documents,
of the property vested in the Welsh Commissioners by
this Act, and not in the possession or under the control
of the Ecclesiastical Commissioners or of Queen Anne's

CI. 28 (1). Bounty, shall, within three months next after the date
of disestabhshment, dehver the same to the Welsh
Commissioners.

(2) The Ecclesiastical Commissioners and Queen
Anne's Bount}' respective!}^ shall dehver to the Welsh
Commissioners any books or documents in their possession
or under their control relating exclusively to the property
vested in the Welsh Commissioners by this Act.

(3) The Welsh Commissioners shall give receipts for
the books and documents so delivered to them and —

{a) shall, where any such books and documents relate
exclusively to property transferred to any
body under this Act, hand over those books
and documents to that body ; and

{b) shall, where any such books and documents relate
to property transferred under this iVct partly
to one body and partly to another body, hand
over those books and documents to such one
of those bodies as the Welsh Commissioners
think fit ; and

(c) may hand over to any person, authority, or body
any such books and documents other than
aforesaid, which they think ought to be placed
under the control of that person, authority,
or body ; and

{d) shall lodge in the National Library of Wales the
residue of such books and documents when not
required by the Welsh Commissioners for the
* execution of their duties under this Act.

(4) Where by virtue of this section any books and
documents are handed over to any bod}^ and relate also
to property transferred to some other body, the body to
whom those books and documents are handed over shall

be under the same liability as respects the production CI. 28 (4).
and the delivery of copies of those books and documents
as if they had given to that other body as incident to a
conveyance on sale an acknowledgment in writing of the
right of that other body to production of those books and
documents and to delivery of copies thereof.

(5) Nothing in this section shall affect section seven-
teen of the Local Government Act, 1894, or apply to an}'
books or documents in the possession or custod\- of the
Board of Agriculture and Fisheries.

This clause is similar to clause 23 of the Bill of igoq
and clause 27 of the 1895 Bill, except that in the two
later bills the National Librar}- of Wales is substituted
for the Public Record Office in London. It deals onU'
with bo(jks relating to property to be transferred by the
Bill. Lender sec. 17 of the Local Government Act, 1894,
" the custod}' of registers of baptisms, marriages, and
burials, and documents containing entries, wholly or
partly, relating to the affairs of the Church or ecclesiastical
charities," was left untouched. All other public docu-
ments of the parish were to be deposited as the Parish
Council should direct.

29.— (i) The Welsh Commissioners ma}', with the Borrowing
consent of the Treasury, and upon such terms as the
Treasur}' may approve, borrow such sums of mone}'
as they ma\' think expedient for carrying into effect any
provisions of this Act, and may, save as otherwise ex-
pressly provided b}' this Act, give as security for the
repayment of any sums so borrowed and the interest
thereon, any part of the property vested in them b}- this
Act, but shall determine as between the several parts of
property so given as security the part or parts td be
primaril}- liable for the several sums so borrowed.

This provision for the apportionment of the primary
liability was first inserted in the 190Q Bill. As the words

F 2

^:\. 29 (1), stand it would be possible for the Welsh Commissioners

lote. on the vesting in them of, say the parsonage houses, to

mortgage them and forthwith transfer them under

clause 8 (i) subject to the mortgage to the Representative

Body.

(2) The National Debt Commissioners, if they think
fit, ma}-, out of any money in their hands, advance to
the Welsh Commissioners, with such guarantee as is by

'' this Act authorised (but not otherwise), any money

which by this Act the Welsh Commissioners are authorised
to borrow.

(3) The Treasury may, if they think fif, guarantee the
payment of the principal and interest of all or any part of
anv money borrowed by the Welsh Commissioners.

(4) Any security given by the Welsh Commissioners
in pursuance of this Act shall be in such form, and may
contain such powers of sale or otherwise, as the Treasury
approve, and there shall be certified thereon, in such
form and manner as the Treasury direct, an}^ guarantee
given by the Treasury.

(5) ^^(^^ giving effect to the guarantee aforesaid, the
Treasury, in aid of any money applicable under this Act
for payment of principal and interest for the time being
accrued due in respect of any money borrowed by the Welsh
Commissioners in pursuance of this Act, may cause to be
issued out of the Consolidated Fund of the United Kingdom,
or the growing produce thereof, such sums as may be necessary
for payment of the said principal and interest, or of any
part thereof respectively.

(6) If any money is at any time issued out of the
Consolidated Fund in pursuance of the guarantee afore-
said, the Treasury shall cause the same to be repaid to
the Consolidated Fund out of the funds in the hands of
the Welsh Commissioners.

This clause contains provisions almost identical with CI. 29 (6),
clause 24 ol the 1909 Hill unci (except as to sub-clause i) note,
with clause 24 of the Bill of 1895 and with sees. 59 to 64
of the Irish Act.

30. — (i) At the end of every financial year accounts Accounts oj
of the receipts and expenditure of the Welsh Commis- niissLner's
sioners, both of capital and of income, shall be made up in ^"^ ^"^'^•
such form and with such particulars as the Treasury
may direct, and shall be audited by the Controller and
Auditor General as public accounts in accordance with
such regulations as the Treasury may make, and shall be
laid before Parliament, together with his report there-
upon.

(2) It shaU l)e lawful for the Welsh Commissioners
to invest any money for the time being in their hands in
accordance with regulations made by the Treasury in
any securities which are for- the time being authorised
by Parliament as investments for savings banks funds.

Sub-clause (i) is identical with clause 25 (2) of the
190Q Bill, and similar provisions are made by clause 30
of the Bill of 18(^5 and sec. ^y of the Irish Act.

The Umitati(jn in sub-clause (2) as to the investment
of their funds by the Welsh Commissioners in " savings
bank securities " is new.

31. — (i) Where any property vested in the Welsh rrovisions as
Commissioners by this Act consists of stock within the stock and
meaning of the Trustee Act. 1893, the Welsh Com- f°Pf "''^
missioners shall for the purpose of enabling such stock
to be registered in their names have the right to transfer
or call for the transfer of such stock in like manner as if a
vesting order had been made for the purpose bv the
High Court under the Trustee Act, 1893.

(2) Where any property vested in the Welsh Com-
missioners or the Ecclesiastical Commissioners or Oucen

'1. 31 (2). Anne's Bounty under this Act consists of copyhold land
the Welsh Commissioners, the Ecclesiastical Commis-
sioners, and Queen Anne's Bounty shall, as respects
such land respectively, have the like powers as if they
had been appointed b}?- the Court under section 33 of
the Trustee Act, 1893, to convey the land, and section 34
of that Act shall apply accordingly.

Clause 29 of the Bill of 1909 contains similar pro-

visions.

Power to
iettle dif-

32. The Welsh Commissioners shall have power to
erences and decide any question arising under this Act between

Tiake adjust- , . .

,unts. different local authorities, and to make any adjustment

, of rights or liabilities incidental to the distribution of

; property under this Act among such local authorities.

1 Clause 30 of the Bill of 1909 is identical.

Adjustment of 33. — (j\ The authorities interested (including the

debts and ..r ■, ^ r- •

liabilities. Welsh Commissioners, the Ecclesiastical Commissioners,
Queen Anne's Bounty, the representative body, the
University of Wales, and any local authority) may
make agreements for adjusting or apportioning any
property, income, debts, liabilities, and expenses, so far
as affected by this Act, or by any scheme or order under
this Act, of the parties to the agreement.

(2) The agreement may provide for the transfer or
retention of any property, debts, or habilities, with or
without any conditions and for the joint use of any
property, and for payment by either party to the agree-
ment in respect of property, debts, or HabiUties so trans-
ferred or retained, or of joint user, or in respect of the
salary or remuneration of any officer or person.

(3) The power to make such agreements shall, in the
case where parts of property subject to a charge are under
this Act transferred to different bodies, include a power

for the Welsh Commissioners and the representative CI. 33 (3).'
body to agree as to the body by which or the proportions
in which the several bodies are as between themselves
to be hable for the charge, but nothing in such an agree-
ment shall prejudice the right of any such person to any
such charge or any charge under statute or other-
wise for the recovery thereof or any part thereof.

(4) In default of agreement, and as far as any such
agreement does not extend, any adjustment required
for the purposes of this Act shall be referred to arbitra-
tion.

Clause 31 of the Bill of 1909 is in similar terms.

The great majority of mortgages charged on hvings
are for terms of years and repayable out of income.
There is no indication on what principle these charges
should be allocated, e.g. should the object of the loan
be regarded or should the ultimate destination of the
income ?

It will be noted that the private lender under the
Gilbert Acts is not provided for, though his remedies,
which are by statute sequestration and distress, will
in many cases be useless, as there can be no sequestra-
tion of the income after it has gone to secular uses, and
there may be no land to distrain on.

34. Any arbitration under this x^ct shall be con- Arbitration,
ducted in accordance with the Arbitration Act, 1889,
and the arbitrator shall have power to disallow as to
costs in the arbitration the costs of any witness whom
he may consider to have been called unnecessarily,
and any other costs which he considers to have been
incurred unnecessarily, and his award may provide for
any matter for which an agreement under the last fore-
going section might have provided.

35. — (i) In this Act, unless the context otherwise Interpreta-
tion,
requires —

The expression " existing " means existing at the

passing of this Act •

51. 35 (1). Tlie expression " ecclesiastical office " means any

bishopric, ecclesiastical dignity, or preferment
within the meaning of the Church Discipline Act,
1840, and includes any lay office in connection
therewith, or in connection with any cathedral
corporation :
The expression " cathedral corporation " means any
dean and chapter, and also any corporation of
minor canons, or vicars choral, or any other sub-
ordinate corporation of or belonging to or connected
with any cathedral or collegiate church in Wales :
The expression " ecclesiastical person " means a bishop
and the holder of any ecclesiastical office who is in
holy orders :
The expression " right of patronage " includes any
advowson, right of presentation, or right of
nomination to an ecclesiastical office :
The expression " synod " includes any assembly or

convention :
The expression "property " includes all property,
real and personal, including things in action and
rights of action ; and where any property is held
in trust for or for the benefit of the holder of any
ecclesiastical office as such, or for any cathedral
or ecclesiastical corporation, that property shall
be deemed for the purposes of this Act to belong
to that office or corporation ; and the burial ground
of any ecclesiastical parish shall, unless provided
under the Burial Acts, 1852 to 1906, or the Public
Health (Interments) Act, 1879, or otherwise
vested in any local or other public authority be
deemed for the purposes of this Act to be property
I belonging to an ecclesiastical office in the Church

t in Wales :

The expression " church " includes cathedral and CI. 35 (1).
other churches, chapels of ease, and other public
chapels of the Church in Wales and in the case of a
cathedral church includes the chapter house and
cloisters and other precincts of the cathedral
church :

The expression " ecclesiastical residence " means any
parsonage house and any house of residence of any
bishop or member or officer of a cathedral corpora-
tion and any offices belonging thereto :

The expression " house " includes any curtilage or
garden appurtenant to the house :

The expression " burial authority " means any burial
board and any council, committee, or other local
authority having the powers and duties of a
burial board under the Burial Acts, 1852 to 1906,
and any local authority maintaining a cemetery
under the Public Health (Interments) Act, 1879,
or under any local Act.

The expression " tithe rentcharge " includes all
payments in lieu of or in the nature of tithes or
tithe rentcharge.

The expressions " first fruits " and " tenths " include
any sums payable in lieu of first fruits and tenths.

The expression " county " includes a county borough,
and the expression " county council " includes the
council of a county borough, and " coimty fund "
in relation to a county borough means the borough
fund or borough rate.

(2) Property shall nut fur the purposes of this Act be
deemed to be situate in Wales or Monmouthshire by
reason only of being invested in the stocks, funds, or
securities of any company owning property so situate.

The definitions of " burial authority " and " tithe
rentcharge " are new, otherwise this clause is similar
to clause 33 of the Bill of 1909.

In the Bill of 1895 " Church " was not defined.
Cathedrals, under that Bill as introduced, were dealt
with differently from churches, the former being taken
by the State and the latter left to the disestablished
Church. However, Mr. Asquith, during>t the debate
in Committee, ■ agreed to insert provisions!: having the
same effect as this definition. Under the provisions of
this Bill the Church will retain both.

In the Irish Act, sec. 72, Church was similarly defined
except that it did not include cathedrals.

" Ecclesiastical Residences " may be transferred to
the Representative Body under clause 8 (i) [a) (ii) and
by virtue of the definitions above of " ecclesiastical
residence " and " house " it appears that offices belonging
to the ecclesiastical residences and curtilages or gardens
appurtenant thereto wiU go with the houses. This
seems to be the minimum accommodation that could
reasonably be allowed to go with the residences and
might be so interpreted as to make very inadequate
provision for the reasonable enjoyment of the residences.

Sub-clause (2) did not appear in the Bill of 1895 as
introduced, but an amendment to this effect was promised.

(3) In all enactments, deeds, and other documents
in which mention is made of the Church of England, the
enactments and provisions relating thereto shall be
construed as including the Church in Wales, but as to that
Church subject to the provisions of this Act.

This sub-clause is similar to c. 33 (3) of the Bill of 1909.
Its object is probably to prevent clergymen ordained by
Welsh bishops for the service of the Welsh Church re-
(jrganised as a voluntary or non-established society,
from being subject to the disabilities and restrictions
imposed on coloniaUy ordained clergy by the Colonial
Clergy Act, 1874 (37 & 38 Vict. c. 77). The clergy of the
Church of Ireland are exempted by this Act itself from
its operation.

It is not easy to see what (if any) will be the effect CI. 35 (3)
of this sub-clause on ecclesiastical statutes such as the note.
Resignation Acts and the Plurahties Acts. See notes
to clauses i and 3.

36. This Act may be cited as the Welsh Church Act, Short t'tie.
1912.

9«

SCHEDULES.

FIRST SCHEDULE.

Part I.

Property vested in the Ecclesiastical Commissioners
WHICH is to be deemed Welsh Ecclesiastical

Property.
(i) Property which does not belong to and is not
appropriated to the use of any Ecclesiastical office or
cathedral corporation, but which is, or is the produce of,
or is or has been derived from, property which became
vested in the Ecclesiastical Commissioners before the
passing of this Act, and which immediately before becom-
ing so vested belonged to or was appropriated to the
use of an ecclesiastical office or cathedral corporation
in the Church in Wales, or the holder of any such office
as such.

For the purpose of determining what property is
property within the meaning of the above provision any
property situate in, or issuing out of property situate in^
Wales or Monmouthshire which lias been purchased by
the Ecclesiastical Commissioners shall be deemed to have
been purchased with the proceeds of sale of and so derived
from property which immediately before being vested in
the Ecclesiastical Commissioners belonged to an eccle-
siastical office in the Church in Wales.

(2) Property which belongs to, or is appropriated to
the use of, any ecclesiastical office or cathedral corpora-
tion in the Churcli in Wales, or the holder of any such

office as such, and wliich is or lias been derived from
sources other than grants made by the Ecclesiastical
Commissioners.

Part II.
Adjustments.
(i) The Ecclesiastical Commissioners shall exchange
such property comprised in paragraph (i) of Part I.
of this Schedule as is property situate elsewhere than
in Wales or Monmouthshire, or is property issuing out
of property so situate, for all property vested in them
which is situate in, or issues out of property situate in,
Wales or Monmouthshire, and which became vested in
the Ecclesiastical Commissioners before the passing of
this Act, and which immediately before becoming so
vested belonged to or was appropriated to the use of any
ecclesiastical office or cathedral corporation other than
an ecclesiastical office or cathedral corporation in the
Church in Whales, or the holder of any such office as such,
and shall deduct from the property comprised in para-
graph (i) of Part I. of this schedule such sum of money
as the Commissioners may ascertain and by order declare
to be due by way of equality of exchange.

(2) There shall be charged on the property mentioned
in paragraph (i) of Part I. of this Schedule so far as it is
able to bear them, and so long as they continue payable,
tlio sums before the date of disestablishment payable
by the Ecclesiastical Commissioners out of their common
fund for ecclesiastical purposes in the Church in \\'ales
other than the augmentation or endowment of parochial
benefices or towards the stipends of assistant clergy,
and the common fund of the Ecclesiastical Commis-
sioners shall be exonerated from the liability to make
such payments except so far as such property as afore-
said is not able to bear them.

SECOND SCHEDULE.

Property vested in Queen Anne's Bounty which

IS to be deemed Welsh Ecclesiastical Property.

Property which belongs to or is appropriated to the

use of any ecclesiastical office or cathedral corporation

in the Church in Wales, or the holder of any such office

as such, except, in the case of any such property which —

{a) consists of, or is the produce of, or is or has been

derived from grants made by Queen Anne's

Bounty out of the Royal Bounty Fund ; and

(b) does not consist of money arising from the sale of

parsonage houses in Wales or Monmouthshire,

or the securities in which any such money is

for the time being invested ;

such part .thereof as has been derived from sources other

than Welsh sources.

For the purpose of determining what property is
derived from sources other than Welsh sources, Queen
Anne's Bountv shall ascertain and by order declare
the amount by which grants made out of the Royal
Bounty Fund for the purposes -of the Church in Wales
have exceeded the sums received by them by way of first
fruits and tenths in respect of ecclesiastical offices in
the Church in Wales, and such part of any grant so made
by them as is proportionate to such excess shall be
deemed to have been derived from sources other than
Welsh sources.

THIRD SCHEDULE.

Part I.
Property which may be transferred by the Eccle-
siastical Commissioners to the Representative
Body.
Property vested in the Ecclesiastical Commissioners
which has by them been before the twenty-fifth day of

April nineteen hundred and twelve annexed or appro-
priated to any ecclesiastical office or cathedral corporation
in the Church in Wales by way of grant, or is the produce
of, or is or has been derived from, property so annexed or
appropriated and which is not Welsh ecclesiastical
property within the meaning of this Act.

Part II.

Property which may be transferred by Queen
Anne's Bounty to the Representative Body.

Property vested in Queen Anne's Bounty which has b\-
them been before the twenty-fifth day of April nineteen
hundred and twelve annexed or appropriated to an}'
ecclesiastical office or cathedral corporation in the Church
in Wales by way of grant, or is the produce of, or is or
has been derived from, property so annexed or appro-
priated, and which is not Welsh ecclesiastical property
within the meaning of this Act.

Part III.

Property a Perpetual Annuity of the Annual
Value of which may be charged on the
Common Fund of the Ecclesiastical Com-
missioners.

I. Charges on the common fund of the Ecclesiastical
Commissioners made before the twenty-fifth da\- of April
nineteen hundred and twelve by wa\- of grant for any
ecclesiastical purpose in the Church m Wales, not being
charges in respect of the property mentioned in Part I.
of this Schedule and not being Welsh ecclesiastical
property within the meaning of this Act.

2 The average amount granted by the Ecclesiastical
Commissioners out of the annual appropriations from
the surplus income of their common fund during the seven
years ending the thirty-first day of October nineteen
hundred and eleven by way of augmentation or endow-
ment of benefices or towards the stipends of assistant
clerg}- in Wales and Monmouthshire.

Part IV.

Property a Perpetual Annuity of the Annual
Value of which may be charged on the Royal
Bounty Fund.

The average amount by which the grants made out
of the Royal Bounty Fund for the purposes of the Church
in Wales in the seven years ending the thirty-first day of
December nineteen hundred and eleven have exceeded
the average annual amounts received by Queen Anne's
Bounty in those years by way of first fruits and tenths in
respect of ecclesiastical offices in the Church in Wales.

GENERAL SUMMARY.

It may perhaps be useful to give a more general conspectus
than is possible in detached comments upon clauses of the
scope of the Bill and its effect on the position and organisation
of the Church in Wales, as well as upon its endowments and
of the machinery by which the results are brought about.

The scheme of the Bill naturally falls into two divisions :
(A) concerning disestablishment and the constitutional changes
in Church and State flowing therefrom and, included therein,
the necessary provisions for the re-constitution of the Church
in Wales on its disestablished basis, and (B) concerning dis-
endowment and the application of the endowments of which
the ecclesiastical corporations are deprived to (a) the partial
re-endowment of the disestablished Church and (b) secular
objects.

A. DISESTABLISHMENT AND RE-CONSTITUTION.

1. From July ist following the passing of the Act " the
Church of England so far as it extends to and exists in Wales
and Monmouthshire " is declared to " cease to be established
by law."

Precisely what and how much this means, if it means
anything beyond what is contained in the subsequent express
provisions of the Bill, it is difficult to see. It is, however, a
statutory declaration, without which even the express provi-
sions might to the supporters of the Bill fail to be satisfying,
preventing any parson or member of the Church in Wales from
hereafter claiming any privilege that may flow from " estab-
lishment." The substantial results are, however, not left to
be merely inferred from this declaration : the provisions are
expressed in full detail.

2. From the date of disestablishment ecclesiastical cor-
porations sole and aggregate are dissolved. Existing bishops,
deans and canons, rectors, vicars and others will retain their
offices and emoluments as vested interests, and persons who
may succeed to their duties may in due course be appointed
and be called by the same titles, but the legal chain which would
unite the present holder to his predecessors and his successors

so as to make of them all one legal never dying corporation
will be snapped. Dissolution of a corporation is equivalent
to the death of a natural person, and primarily involves the
consequence that the property of the corporation has no
longer a legal owner and that some provision must be made
for its disposal.

3. The four bishops of the Church in Wales cease to be
members or qualified for membership of the House of Lords :
but bishops, as well as priests and deacons of the Church in
Wales, cease to be disqualified for membership of the House
of Commons.

The Houses of Convocation of Canterbury lose the Welsh
bishops and clergy or their representatives.

4. Ecclesiastical Courts in Wales are deprived of all juris-
diction and the law administered by those Courts ceases to
exist as law in Wales, but members (that is to say both clergy
and laity) of the Church in Wales are to be deemed to have
agreed together by a binding agreement to observe this law
and the present " articles, doctrines, rites, rules, discipline,
and ordinances of the Church of England " subject to any
modifications which may be made therein by constitutions
and regulations for general management and good govern-
ment of the Church in Wales and the property and affairs
thereof framed by synods of the bishops, clergy and laity of
the Church in Wales or their elected representatives, the election
of such representatives being made in such manner as the
bishops, clergy and laity of the Church in Wales may think fit.

As the ecclesiastical law is to be binding upon members
of the Church in Wales as if it formed part of an agreement
between them, it would seem that it must for all purposes be
enforceable as such contract between members by the temporal
courts (being the only courts left with coercive jurisdiction),
but it is doubtful whether this is intended, seeing that there is
an express provision that it shall be capable of being enforced
in the temporal courts " in relation to any property which by
virtue of this Act is held on behalf of the said Church or any
members thereof and a further provision is contained in the
Bill that the disestablished Church may establish ecclesiastical
courts with an appeal (if the Archbishop of Canterbury consents)
to the Provincial Court of the Archbishop but no further, and
moreover such courts shall not exercise coercive jurisdiction.

If a question of enforcing the implied " agreement between
members " arises it can be taken to the temporal courts, at

any rate if an action involving the determination of the dispute
can be so framed as to involve a question of property.

5. The Bill not only affects the Church of England as a
whole in the manner before indicated, but also more directly
particular parishes in English Dioceses and English counties.
Parishes in Wales or Monmouthshire but in English dioceses
will be taken from those English dioceses and transferred to
Welsh dioceses and the disestablishment and disendowment
provisions will extend to them. Parishes in Welsh dioceses
but in English counties, will be transferred to English dioceces :
parishes partly in Wales and partly in England may be treated
as wholly English and attached to an English diocese (if not
already so attached) or may be treated as wholly Welsh and
be attached to a Welsh diocese, and in consequence come
within the scope of the disestablishment and disendowment
provisions of the Bill, and the guiding consideration towards a
determination of the question as to which course shall be
adopted is to be found in the " general wishes of the
parishioners."

The boundary between the established and disestablished
Church will be a county boundary as nearly as possible, but
where, as happens with several parishes, the county boundary
and the parish boundary do not coincide, the disestablishment
and disendowment scheme will follow parish boundaries :
so that disestablishment and disendowment may extend into
English counties and the Church may remain established and
endowed in parts of Welsh counties.

6. While disestablishment as interpreted in these pro-
visions changes the whole character of the Church in Wales
and disendowment will make radical changes of organisation

and administration inevitable, at the actual moment of disestab- \

lishment there can be little visible change. It must take time
for the Church to adapt itself to the new conditions, and mean-
while it must make use of its existing organisation of dioceses,
archdeaconries, rural deaneries, parishes and so forth, and its
existing offices all of which are for the moment occupied by
incumbents. The most noticeable immediate change will
probably be the abolition of the Ecclesiastical Courts, although
these may be re-established but without coercive jurisdiction
by the constitutions and regulations to be made by the dis-
established Church so soon as it is able to undertake this duty.
The maintenance of the existing system and organisation is
contemplated by the provision of the Bill, which re-establishes

G 2

100

on the basis of contract between the members of the Church
..." the existing ecclesiastical law and the articles, doctrines,
rites, rules, discipline and ordinances of the Church of England."
The Bill, moreover, provides that in all enactments, deeds and
other documents in which mention is made of the Church of
England the enactments and provisions relating to the Church
of England shall be construed as including the Church in Wales,
subject, however, to the provisions of the Bill.

7. While, therefore, there is something like an assumption
of the continuance of much of the existing organisation of
the Church in Wales, the express provisions of the Bill have
removed the basis of that organisation and in order to make
re-constitution possible it becomes necessary to make provision
for something in its place. That provision is in the clauses
by which it is enacted that the " bishops, clergy and laity of
the Church in Wales " may hold synods and elect representa-
tives thereto, and may " either by themselves or by their
representatives elected in such manner as they think fit "
" frame constitutions and regulations for the general manage-
ment and good government of the Church in Wales and the
property and affairs thereof whether as a whole or according
to dioceses "... and if at any time they do " appoint any
persons so to represent them and hold property for any of
their uses and purposes " his Majesty in Council may by charter
incorporate those representatives with power to hold land
without licence in mortmain and such body becomes the
" Representative Body " of the Church in Wales.

The objects of this Body will presumably be not merely
the holding and administration of property for the benefit of
the disestablished Church, but also to see to the general manage-
ment and good government of the Church in Wales. Its
formation is essential to the carrying out of the provisions
for the redistribution of the properties and endowments of the
dissolved corporations and other Church property in Wales, in
so far as those provisions relate to the re-transfer of some
portion of those properties and endowments to the dis-
established Church.

The contingency of a Representative Body not being in-
corporated within the duration of the powers of the Welsh
Commissioners does not seem to be provided for, but as the
disestablished Church can only receive back that portion of
the endowments which is to be transferred to it by the Welsh
Commissioners through its Representative Body, and the

lOI

whole government of the disestablished Church would be
practically impossible without some such Body as the Repre-
sentative Body, it was probably unnecessary to provide for
such a contingency.

This Representative Body, being incorporated, will hold
all the property — cathedrals, churches and their furniture,
burial grounds, residences, lands, tithes, funds — of every
description which is to be left to the Church and this central
holding of the property of the Church in itself must make
great changes of organisation necessary.

8. Ecclesiastical benefices being destroyed from the date
of disestablishment, the nature of ecclesiastical offices must
necessarily be greatly changed, although the interests of
existing holders in the emoluments of the offices are preserved.
The system of appointment known as patronage (including
official as well as private patronage) by which men are trans-
ferred from office to office being destroyed as from the date
of the passing of the Act, the regulations and constitutions
of the Church will have to make fresh provision. Even if this
could all be completed by the date of disestablishment it could
not apply to that period between the date of the passing of
the Act and the date of disestablishment, and hence provisions
have to be made for a " suspensory " period between the
passing of the Act and the date of disestablishment, and these
provisions amount generally to re-establishing for this sus-
pensory period the pre-existing rights of appointment of
public or private patrons, so, however, that appointments so
made shall not confer upon the appointees vested interests in
the endowments of their new offices, which endowments will
consequently be diverted from those offices upon the date of
disestablishment. If an appointee comes from another Welsh
ecclesiastical office he retains an existing interest in his old
office, not for himself, but for the benefit of the old office until
the date of disestablishment and thereafter until the interest
ceases for the benefit of the Representative Body.

One exception is made to the mere re-establishment of the
pre-existing rights of appointment during the suspensory
period and that is in the case of bishoprics. If a bishop has
to be appointed during the suspensory period, he will be
nominated by His Majesty on the petition of the Archbishop
of Canterbury or of any three Welsh bishops ; there will be
no conge dclire issued to the dean and chapter.

102

B. DISENDOWMENT AND DISTRIBUTION OF THE
PROPERTY OF THE CHURCH.

I. Before describing the disendowment provisions and the
scheme of re-distribution of the Church property it is necessary
to explain that, mainly for the purpose of carrying out this
part of the Bill, a temporary commission is set up. This is
to be a Body Corporate consisting of three members (two paid
and one unpaid) appointed by the Crown and the names of
the first three will be stated in the Act. This Body, generally re-
ferred to as the " Welsh Commissioners," will be fully described
as " The Commissioners of Church Temporalities in Wales."
To this Body will be entrusted the work of distribution of
the endowments of the disestablished Church, that is to say,
of ascertaining of what those endowments consist, of transfer-
ring to the disestablished Church that portion which the dis-
established Church is to be entitled to claim and of transferring
to the several authorities and bodies that portion of the endow-
ments which is to be secularised.

The Welsh Commissioners are temporary and their Com-
mission will have a maximum duration of six years within
which time it is assumed that the whole of these re-arrange-
ments will be completed.

The expenses of these Commissioners are to be defrayed
out of that part of the funds coming into their hands which
does not go eventually either to the disestablished Church or
to the County Councils — in other words out of that portion
of the funds which will go to the University of Wales.

The Commissioners have not only executive but judicial
functions and powers — indeed their duties will be largely
judicial.

Parliament will have cognisance of their proceedings
because (i) it is provided that they shall make general rules
for regulating their procedure which rules need confirmation
by His Majesty in Council and are then to be laid before both
Houses of Parliament and (2) it is their duty to make an annual
Report to the Secretary of State to be laid before Parliament.
In the exercise of their functions they are removed from
the control of the High Court, but in a number of matters of
primary importance there is either an appeal to the King in
Council to be heard by the Judicial Committee or the approval
of the Judicial Committee is necessary. Matters in which
there is such a right of appeal from the Welsh Commissioners

I03

include any decision of the Welsh Commissioners as to what
constitutes a private benefaction, as to compensation to be
paid to lay patrons and lay officers, as to the annual sum to
be paid by County Councils to persons having existing interests
in tithe rent charge transferred to County Councils and as to
the value of any glebe, i.e., the value determined by the Welsh
Commissioners which is to be paid to them by the Representa-
tive Body in respect of glebe (other than private benefactions)
to be transferred from the Welsh Commissioners to the Repre-
sentative Body.

Further, if the Ecclesiastical Commissioners or Queen
Anne's Bounty are unable to agree with the Welsh Commis-
sioners as to what is " Welsh ecclesiastical property " vested
in them respectively (i.e., briefly property vested in them which
is to be transferred to the Welsh Commissioners) then the
approval of His Majesty in Council on the advice of the Judicial
Committee is to be substituted for the concurrence of the Welsh
Commissioners.

Similarly with regard to orders in which the Ecclesiastical
Commissioners or Queen Anne's Bounty and the Welsh Com-
missioners have to concur as to what properties of certain
classes constitute private benefactions, the approval of His
Majesty in Council on the advice of the Judicial Committee is
substituted for the concurrence of any party unable to agree.

Parishioners of border parishes may appeal to the King in
Council against an order of the Welsh Commissioners deter-
mining whether their parish is to be treated as within Wales
or England and any such appeal is to be referred to the Judicial
Committee.

2. The Welsh Church Endowments consist of (i) property
(land, tithe rentcharge and other real property and capital
funds) belonging to the Ecclesiastical Commissioners for their
Common Fvmd and derived from Welsh bishoprics, chapters
and Ecclesiastical Offices.

(2) Property belonging to the several ecclesiastical cor-
porations (bishops, deans and chapters, rectors, vicars, etc.)
which are to be dissolved — this includes (i) glebe land, tithe
rentcharge and other real property, including residence houses,
cathedrals, churches and burial grounds, vested in the corpora-
tions whether ancient endowments derived from private
benefactions or derived from grants of the Ecclesiastical
Commissioners and Queen Anne's Bounty ; (ii) capital funds
vested in the Ecclesiastical Commissioners or Queen Anne's

I04

Bounty (whether arising from grants made by those bodies,
from private benefactions or from proceeds of sale of property
of the corporations) or standing in the name of the Paymaster-
General of the Supreme Court or held by trustees — in any
case in trust for some of the corporations intended to be dis-
solved and (iii) charges upon the Common Fund of the Eccle-
siastical Commissioners granted by way of augmentation of
the endowments of some such corporations,

3. As the Welsh Ecclesiastical Corporations are dis-
solved and there is no intention to allow the Ecclesiastical
Commissioners to retain the property they have derived from
Welsh bishoprics, Chapters etc., the Bill has to provide for the
disposition of the whole of these Welsh Church Endowments.

4. The property of the Ecclesiastical Commissioners,
derived from Welsh preferments in the main, furnishes the
incomes of the bishops, deans, canons and archdeacons and
provides for other non-parochial purposes : there is some
property also held by deans and canons for non-parochial
purposes. The rest of the Welsh Church Endowments as
above described (other than the Fabrics) are held for the
purpose of providing the incomes of the parochial clergy.

The property of the Ecclesiastical Commissioners, as above
described, may be said to be derived wholly from ancient
property of the Church in Wales, and this is mainly if not
wholly true of the endowments held by deans and chapters.

5. The property of parochial benefices, however, is by
no means wholly derived from ancient property of the Welsh
Church ; whether it consists of land, tithe rentcharge, capital
funds or annuities, it may be or represent

(i) ancient Welsh Church property (including ancient
endowments of the benefices and augmentations of such
endowments made by grant by the Ecclesiastical Com-
missioners of lands and tithe rentcharges derived by them
from Welsh bishoprics and other preferments).

(ii) grants of capital sums made by the Governors
of Queen Anne's Bounty from the Parliamentary Grants
Fund. (This the Bill treats in the same way as property
derived from ancient Welsh Church Endowments).

(iii) grants of capital sums made by the Governors
of Queen Anne's Bounty from the Welsh sources of their
Royal Bounty Fund. (It appeared in the evidence placed
before the Welsh Church Commission that roughly

I05

one-third of all the grants of Queen Anne's Bounty from
their Royal Bounty Fund came from Welsh sources).

(iv) grants of capital sums made by the Governors of
Queen Anne's Bounty from English Church sources of
their Royal Bounty Fund. (It appeared in the evidence
placed before the Welsh Church Commission that roughly
two-thirds of all the grants of Queen Anne's Bounty from
their Royal Bounty Fund came from English Church
sources.)

(v) grants of capital sums made by the Ecclesiastical
Commissioners from English Church sources. (It appeared
in the evidence placed before the Welsh Church Commission
that the whole of the revenues of the Commissioners
from property derived from Welsh Church sources, after
the grants of actual land and tithe rentcharge to benefices,
as above mentioned, did not more than suffice to pay the
charges borne by the Commissioners for the incomes
of bishops, deans and canons, archdeacons and for other
non-parochial purposes. Consequently, all grants of
capital sums and annuities made by the Commissioners
in favour of parochial benefices have come from English
Church sources.)

(vi) grants of annuities charged upon the Common
Fund of the Ecclesiastical Commissioners and borne for
the reason above stated by English resources of the Com-
missioners— including grants for curates as well as grants
for incumbents.

(vii) private benefactions — that is to say — gifts from
private resources since the year 1662.

6. It is necessary to bear in mind these two classifications
of the Welsh Church endowments according to (a) present
application to respectively diocesan and parochial purposes,
and (b) origin — either from ancient endowments of the Welsh
Church, subventions from the English Church or private
benefactions, as these distinctions are used in the Bill (i) in
determining whether the endowments shall be retained for
the Church or shall be secularised and (2) in determining
the application of that part which is to be secularised.

7. The distribution of the property which the Bill proceeds
to make is all subject to the preservation of existing interests,
that is to say, that as to all property which is held by or for
the personal benefit of an mcumbent of an ecclesiastical
office held by a freehold tenure or a tenure which the Welsh

io6

Commissioners may deem to be equal to a freehold tenure,
it is provided that into whosesoever hands it may go — the
Ecclesiastical Commissioners, Queen Anne's Bounty, the
Representative Body, the Welsh Commissioners, a County
Council or the University of Wales — it must be taken subject
to the right of the holder of that office, if he held it at the
date of the passing of the Act, to continue in possession of the
property or receipt of the income therefrom (or as to tithe
rentcharge transferred to a County Council to receive an
annual sum equal to the net annual value thereof) so long
as he continues to hold the office or any other Ecclesiastical
Office in the Church in Wales. He retains this existing interest
for his own benefit as long as he retains the office in respect of
which it arises, and for the benefit of the Representative
Body if. he vacates the office by removal to another ecclesiastical
office in the Church in Wales. If he finally retires from the
service of the Church in Wales on the ground of incapacity by
reason of permanent mental or bodily infirmity he has a right
to receive during the remainder of his life for his own benefit
an annuity equal to one-third of the average net income of
the office in which he had an existing interest, and this is
payable out of the endowments in the hands of the various
Bodies to whom they have been transferred.

The result of this saving of vested interests is, of course,
to delay the ultimate division, so far, at any rate, as beneficial
enjoyment goes, of the endowments distributed.

8. Subject to vested interests saved to the extent and in
the manner indicated in the preceding clause, the distribu-
tion of the existing Church endowments which is effected by
the Bill is as hereinafter stated. As a matter of machinery
all the property which goes ultimately to County Councils,
the University of Wales or any other secular authority or
Body, and all the property (e.g. cathedrals, churches, burial
grounds, residences and private benefactions or the proceeds
thereofj which goes ultimately to the Representative Body
by the claim given to them by the Bill (as distinct from the
property which may go to the Representative Body by favour
of the Ecclesiastical Commissioners and Queen Anne's Bounty)
passes first to the Welsh Commissioners (excepting only the
plate, furniture and other moveable chattels belonging to any
Church which pass directly to the Representative Body on its
formation from the persons in whom they were vested before
disestablishment; .

I07

A. The Representative Body will receive
The cathedral and other churches.

The ecclesiastical residences and proceeds of sale of
residences and funds held for the building, provision or
repair of such residences and any building or repair funds
of churches (if any such are by the operation of the Act
divested out of their present holders).

Any closed burial grounds which the Representative
Body desire to have (other than such as have been derived
from private benefactions, as to which see the next item).
All the above would form part of the class 5 (i) above.

The land, tithe rentcharge, stocks and funds representing
private benefactions since 1662 (see 5 (vii) above). (This
would include some churchyards or burial grounds closed
or open).

The income from these private benefactions is about
£18,500 per annum.

Other glebe lands (see under E below) subject to
payment of their value to the Welsh Commissioners.

B. The Ecclesiastical Commissioners will resume and are
permitted to transfer to the Representative Body

The land, tithe rentcharge, stocks and funds repre-
senting grants of capital sums made by the Commissioners
to parochial benefices (see 5 (v) above). The annuities
charged upon the Common Fund of the Ecclesiastical
Commissioners for the augmentation of parochial benefices
and provision of stipends for assistant curates (see 5 (vi)
above).

Some of these annuities are temporary, but the Bill
permits the Ecclesiastical Commissioners to convert
them into a permanent annuity for the benefit of the
Representative Body.

The income from the property so resumed is about
;£5o,ooo per annum.

C. The Governors of Queen Anne's Bounty will resume
and are permitted to transfer to the Representative Body

The land, tithe rentcharge, stocks and funds repre-
senting the two-thirds share derived from English sources
of the grants of capital sums made by the Governors
to parochial benefices out of their Royal Bounty Fund
(see 5 (iv) above).

The income from the property so resumed is about
;^i9,ooo per annum.

io8

D. Local Burial Authorities (Parish, Urban District and
Borough Councils, etc.) will receive

The open parochial churchyards or burial grounds
not provided by private benefactions (included in 5 (i)
above).

E. The County Councils will receive

The tithe rentcharge (other than as above described
under A. B. and C.) of parochial benefices arising within
their counties or within English counties (the latter to be
assigned to such counties in Wales and Monmouthshire
as the Welsh Commissioners think fit). (Such tithe
rentcharge would be included in the classes 5 (i) (ii) (iii)
above.)

The value of the glebe lands (other than as above de-
scribed under A. B. and C.) of parochial benefices within
their counties (such glebe lands would be included in the
classes 5 (i) (ii) (iii) above).

The actual glebe lands of this class are to be trans-
ferred to the Representative Body (see under A. above)
but that Body is to pay to the Welsh Commissioners the
value thereof.

The stocks or funds representing the proceeds of sale
or redemption of such tithe rentcharge or of transactions
in relation to such glebe land (e.g. mineral royalties)
(such property would be included in 5 (i) (ii) and (iii)

above).

The income from the parochial property so to be
transferred to the County Councils includes about £14,000
a year derived from grants of land and tithe rentcharge
made by the Ecclesiastical Commissioners out of the
" Central " property of the Welsh Church coming from the
bishoprics, chapters, etc. ; about £9.000 per annum from
Welsh sources of the Royal Bounty Fund of Queen
Anne's Bounty ; about £6,000 per annum from the Parlia-
mentary Grants Fund of Queen Anne's Bounty; and
about £116,000 from ancient endowments of Welsh
benefices — total about £145,000.
F. The University of Wales will receive

The residue of the endowments transferred to the
Welsh Commissioners, such residue consisting of

(i) The property (land, tithe rentcharge, and other
real property and the proceeds of sale thereof) now belong-
ing to the Ecclesiastical Commissioners and derived

109

from Welsh bishoprics and other Ecclesiastical Corpora-
tions (see 4 above).

This would not include all the Ecclesiastical Com-
missioners' real property in Wales and Monmouthshire
(as some of it has been derived from English Church
Preferments). On the other hand, it would include
some real property in England formerly belonging to
Welsh Preferments.

It is therefore provided that an adjustment shall be
made. The Ecclesiastical Commissioners shall retain
their property in England derived from Welsh Church
Preferments, but there shall be transferred to the Uni-
versity of Wales the much larger English Church property
of the Commissioners in Wales and Monmouthshire and the
Ecclesiastical Commissioners shall be allowed to retain
out of the capital sum representing proceeds of former
sales of Welsh Church property the sum representing
the equality of exchange.

The income from the " Central " property of the
Welsh Church so transferred amounts to about ;£27,5oo
per annum.

(2) Ancient endowments or property or funds repre-
senting the same (and being other than charges on the
Common Fund of the Ecclesiastical Commissioners)
belonging to bishops, deans and chapters and other non-
parochial offices (see 4 above).

The expenses incurred by the Welsh Commissioners
in carrying the Act into effect are to fall wholly upon
the property transferred to the University of Wales.

The sums payable by way of compensation to private
patrons and to holders of lay ecclesiastical offices will be
provided rateably out of the property transferred to the
University and to the County Councils respectively.
9. The figures as to income of the various classes of property
given above are derived from the Report of the Welsh Church
Commission. The Report contains a statement of the endow-
ments applicable to Welsh Church purposes in the year 1906
as laid before that Commission in evidence and the figures
so given in evidence are reduced to net figures in the Memo-
randum of Archdeacon Evans and Lord Hugh Cecil appended
to that Report (see Vol. I. Part I., pp. 84-86). Between 1906
and 1912 the figures have considerably changed (especially

ITO

by the addition to Welsh Church resources of private bene-
factions and grants from the Ecclesiastical Commissioners and
the Governors of Queen Anne's Bounty) but the net figures of
igo6 from the source above mentioned are given here as
they were adopted by Mr. McKenna in his speech on the intro-
duction of the Bill.

10. The Bill deals also with property which is not Welsh
Church property but English Church property held by the Ecclesi-
astical Commissioners and Queen Anne's Bounty which has not
been applied to Welsh Church purposes and which but for the
special provisions of the Bill would after disestablishment be
applicable only to English Church purposes. The Bill autho-
rises those Bodies respectively to grant by way of a new pro-
vision for the Welsh disestablished Church charges on their
respective corporate properties (being English Church pro-
perties) in the form of perpetual annuities to be payable to the
Representative Body equal to the annual amounts given for the
augmentation of benefices or towards the stipends of assistant
clergy in Wales and Monmouthshire out of their respective
annual appropriations of surplus income from English Church
sources on the average of the last seven years.

The maximum new perpetual annuity which might be
granted by the Ecclesiastical Commissioners, if they were
able to grant it and considered that with due regard to the
interests of the English Church from which it would be taken
they could properly grant it, would be about ;^28,ooo per
annum.

Similarly the maximum new perpetual annuity which the
Governors of Queen Anne's Bounty might grant would be
about ;£3,ooo per annum.

11. Application of the endowments so appropriated.

The Representative Body will hold the property transferred
to them to be applied for the general good of the disestablished
Church.

The County Councils will apply the property transferred
to them, in accordance with schemes to be made by them
and approved by the Secretary of State, to any charitable,
eleemosynary or public purpose of local or general utility and
in framing those schemes due regard must be had to the wants
and circumstances of the parish in which the property is
situate or from which it has been derived and of the parish
comprising the ecclesiastical parish to which the property was
formerly attached.

1 1 1

The University of Wales is to apply the property transferred
to them in making payments of capital or annual sums for the
benefit of the three Colleges- the University College of Wales,
Aberystwith, the University College of North Wales, and the
University College of South Wales and Monmouthshire —
and of the two national institutions, the National Library of
Wales and the National Museum of Wales, each College receiv-
ing a fourth share of the whole, and the Library and Museum
each receiving an eighth share of the whole.

EFFECT OF THE BILL ON ENDOWMENTS

OF BENEFICES,

Division of Revenues between Church and Secular Purposes.

Corporation to whom
transferred.

Revenues

Land.

1 1,803

9,738

3,173
2,617

Tithe Rent-
charge.

Other
Income.

Ecclesiastical Commissi
Queen Anne's Bounty
Representative Body

f gross
oners -^ ^ ^
\ net

/gross
■ ■ ■ 1 net

/ gross
■■■ 1^ net

r gross

■■■\ net

for J gross
...\ net

994

580

5,627

3,281

£
31,833

31,833

8,288

12,639

• 2,639

Total

14,976
12,355

28,483
23,499

6,621
3,861

183,330
106,905

52,766
52,760

Welsh Commissioners
secular purposes ...

16,132

16.132

Grand Total

/gross ^43,459 /i89,95i
■■■ I net ^35,854 £110,766

/:68,89:
^•68,892

The gross figures are those given in the Return contained in
Appendix A. Vol. I. Part II of the Report of the Welsh Church Com-
mission, tithe rentcharge being stated at its commutation amount.

The division has been made on the basis that two-thirds of the
income arising from grants out of the Royal Bounty Fund of Queen
Anne's Bounty will be retained for Church purposes as being derived
from English Church sources, though the proportion is not in fact
exactly two-thirds.

Land and tithe rentcharge acquired through the Ecclesiastical
Commissioners have been treated as wholly annexed out of Welsh
Church property of the Commissioners, and consequently as whollv to

112

be secularised. Part, however, of such property has been annexed
out of English Church property of the Commissioners, but the amount
of this has not been published, and part (to the value of about ^330
per annum net) has been purchased for Benefices out of capital grants
of the Commissioners from English Church sources. The figures
need adjustment in this respect, and the effect of the adjustment will
be that a somewhat larger amount of the revenues will be retained for
Church purposes, and a correspondingly smaller amount secularised.

The Ecclesiastical Revenues dealt with by the Bill other than
those of Benefices as above stated are those of the Ecclesiastical
Commissioners derived from Welsh Church preferments (said to be
of the value of about ^27,500 per annum), and those of the Deans
and Chapters and any other Corporations aggregate (excepting
charges on the Common Fund of the Commissioners). The extent of
such property of these Corporations is believed not to be considerable.

"«^Sn-Y^c.CArrpo,^^

LOS ANGEi ES ^

LIBRARY

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THE CHURCH IN WALES.

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C.L.C. 200.—" Facts and Figures about the Churoh in Wales." 2 pp.

C.L.G. 198.— "A Call from Wales." Bishop of St. Davids. 4 pp.

G.D.I. 152.—" Church Work in Wales To-day." 4 pp.

C.L.C. 180.—" Welsh Disestablishment Bill, 1912. Why it should be viKorously

opposed." 2 pp.
C.D.I. 158.— " The Church in Wales. Why it should not be Disestablished," 1 p.
C.L.C. 1G3. — " Irish Disestablishment. What it did and the Results." 4 pp.
C.L.C. 201. — " Dismemberment and Confiscation of the Church in Wales." 2 pp
C.L.C. 202.— "The Number of Churchpeople in Wales."
C.L.C. 203.—" Why Welsh Disendowment is Wrong."
C.L.C. 204.— "The Welsh Language in Church and Chapel."
C.L.C. 205.—" The Dismemberment of the Church of England."
C.L.C. 206. — " Mr. Asquith's Avgimient for Welsh Disendowment: Empty Chapel

Sittings in Wales."
C.L.C. 207. — "Endowments of the Church in Wales: What Mr. Asquith proposes

to do with them."
C.L.C. 208.—" Welsh Disestablishment. No Mandate from the Electors." 2 pp
C.L.C. 213.—" The Pastoral Work of the Church in Wales." 4 pp.
C.L.C. 214.— " Reform, Not Disestablishment." 2 pp.
C.L.C. 215.—" Precept and Practice." 2 pp.
C.L.C. 216. — "A Menace to National Rehgion." 4 pp.
C.L.C. 217.—" Who Will Profit? "

C.L.C. 218.—" The Parliamentary Representation of Wales."
C.L.C. 219. — " A Call for Study and Action from the Ai-chbishops of Canterbury

and York." 2 pp.
C.L.C. 221.— "What Nonconformists Say." 2 pp.
C.L.C. 222.—" What Mr. Asquith says about the Church." 2 pp.
C.L.C. 223.—" The ' National Property ' Argument." 4 pp.
C.L.C. 225. — Rev. E. Dymott's " Summary of the Disestablishment of the Church

in Wales." 4 pp.
C.L.C. 227.—" Mrs. Lloyd George's Mistakes about the Church in Wales." 4 pp
C.L.C. 230.—" Why ? " 2 pp.
C.L.C. 232.—" Why Object to a Religious Census? " 4 pp.

"Why 1662?"
C.L.C. 233.— "The Welsh Disestablishment Bill, 1912; Ten reasons why we

Oppose it." 2 pp.

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Full text of "The Welsh disestablishment bill, 1912, with explanatory notes, and compared with the previous bills and with the Irish disestablishment act of 1869"

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