Lord Chancellor - Ecclesiastical Functions

Ecclesiastical Functions

The Lord Chancellor performs various functions relating to the established Church of England. He appoints clergymen in such of the ecclesiastical livings under the patronage of the Crown as are officially listed as being worth less than £20 per annum. Furthermore, he exercises the same prerogative in regard to the less valuable livings in the Duchy of Cornwall when there is no Duke of Cornwall, or when the Duke of Cornwall is a minor. (The heir-apparent to the Crown, if he is the Sovereign's eldest son, is automatically Duke of Cornwall.) Finally, the Lord Chancellor is in some cases the patron of an ecclesiastical living in his own right. Thus, in total, he appoints clergymen in over four hundred parishes and twelve cathedral canonries.

By law, the Lord Chancellor must be consulted before appointments may be made to certain ecclesiastical courts. Judges of Consistory Courts, the Arches Court of Canterbury, the Chancery Court of York and the Court of Ecclesiastical Causes Reserved are appointed only after consultation with the Lord Chancellor.

The Lord Chancellor is, ex officio, one of the thirty-three Church Commissioners, who manage the assets of the Church of England.

Formerly, Roman Catholics were thought to be ineligible for the office of Lord Chancellor, as the office entailed functions relating to the Church of England. Most legal restrictions on Roman Catholics were lifted by the Catholic Relief Act 1829, which, however, provides, "nothing herein contained shall ... enable any Person, otherwise than as he is now by Law enabled, to hold or enjoy the Office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal". The words "as he is now by Law enabled", however, caused considerable doubt, as it was unclear if Roman Catholics were disqualified from holding the office in the first place. For the removal of all doubt, Parliament passed an Act in 1974, declaring that there was never any impediment to the appointment of a Roman Catholic. The Act nevertheless provided that, if a Roman Catholic were appointed to the office, then the Sovereign may temporarily transfer the Lord Chancellor's ecclesiastical functions to the Prime Minister or another minister.